City of Boulder Faces Yet Another Lawsuit

Boulder NAACP, which announced its dissolution earlier this month, has been at odds with the City of Boulder and its new Chief of Police, Stephen Redfearn. In a recently filed civil lawsuit, former Boulder NAACP member Darren O’Connor alleges that Redfearn, the City of Boulder, and City Manager Nuria Rivera-Vandermyde violated his rights to free speech through retaliatory actions.

For a more comprehensive look into the dissolution of the Boulder NAACP and its members’ battle with the city thus far, see our previous coverage. The abbreviated version goes like this: due to Redfearn’s less-than-favorable history as a captain of the Aurora Police Department, specifically his post-mordum involvement with the wrongful death of Elijah McClain, members of the community spoke out against him taking the role of the Boulder Chief of Police.

Many formal complaints were made to the city of Boulder, specifically the city manager, Rivera-Vandermyde, urging them to reconsider his appointment in light of already deep-seated mistrust of the police. After much back and forth, which is covered in detail in our previous article, a mediated meeting was held between the Boulder NAACP and Redfearn in July 2024.

While the city of Boulder and Redfearn attempted to make members sign a confidentiality clause, they refused. Though the meeting did little to ease the minds of either party, things really began to escalate when Redfearn and Rivera-Vandermyde became aware that a member of the NAACP had recorded the meeting.

From there, according to O’Connor, Redfearn, and Rivera-Vandermyde began a smear campaign against him, leading to the Boulder NAACP’s falling out with the national organization, and other personal harm. Which brings us to the most recent lawsuit, filed April 29, 2025.

The suit alleges that Darren O’Connor faced retaliation after publicly opposing the appointment of Defendant Redfearn as Chief of Police for the Boulder Police Department. The complaint outlines seven claims of relief, asserting violations of both the Colorado and U.S. Constitutions.

The seven key allegations are as follows:

1. Retaliation for Freedom of Speech: Plaintiff contends that after voicing concerns about Redfearn’s appointment, Redfearn retaliated by disseminating false information about O’Connor, targeting his NAACP membership, filing complaints with the Office of Attorney Regulation Counsel (OARC), and seeking criminal charges against him.
2. Retaliation for the Right to Association: The lawsuit claims that Redfearn’s actions led to the revocation of O’Connor’s NAACP membership, which infringes upon his constitutional right to free association.
3. Civil Conspiracy: It also alleges that Redfearn and Boulder City Manager Rivera-Vandermyde collaborated to discredit him through media misinformation, complaints to the NAACP, and attempts to initiate criminal proceedings, all in response to his protected speech and association.
4. First Amendment Retaliation (42 U.S.C. § 1983): The complaint asserts that Rivera-Vandermyde, acting under color of law, retaliated against Plaintiff’s free speech by spreading misinformation, targeting his NAACP membership, and seeking criminal charges.
5. Retaliation for Right to Association (42 U.S.C. § 1983): It is alleged that Rivera-Vandermyde’s actions, including filing complaints with the NAACP, led to the revocation of O’Connor’s membership, violating his right to free association.
6. Civil Conspiracy (42 U.S.C. § 1983): O’Connor claims that both Redfearn and Rivera-Vandermyde conspired to retaliate against him for exercising his First Amendment rights, resulting in harm to his reputation and associations.
7. Failure to Train: The lawsuit alleges that the City of Boulder failed to adequately train its officials, particularly Redfearn, on constitutional rights, leading to the violations experienced by O’Connor.

O’Connor seeks compensatory damages for physical, emotional, and mental injuries, as well as other relief deemed appropriate by the court.

Yellow Scene Magazine is no stranger to litigious battles with the city of Boulder, having won a civil suit concerning the timely and unedited release of body camera footage after an officer-involved shooting that left 51-year-old Jeannette Alartorre dead. These types of legal battles, though not as electrifying as the marches in the streets, are equally crucial in holding those who are charged to “protect and serve” accountable.