July 28, 2026
A proposed class of children held in Colorado juvenile detention facilities urged a Colorado federal judge not to toss their lawsuit claiming the state delays releasing minors from the facilities, contending they plausibly alleged facts showing state officials violated their constitutional and statutory rights.
In a response filed Monday to the state’s motion to dismiss, the proposed class wrote that Gov.Jared Polis and Department of Human Services Executive Director Michelle Barnes’ bid to throw outits suit should be rejected because the youth have standing and sovereign immunity doesn’t apply.”
Here, each plaintiff suffered an injury when they were detained past when a juvenile court judge determined they were releasable,” the proposed class said in its response. “Plaintiff foster children suffered a distinct cognizable injury as defendants failed to keep them reasonably safe from a substantial risk of serious harm.”