The ACLU of Colorado announced today (March 17) that Saul Cisneros has received a $25,000 settlement from El Paso County, five years after initiating litigation over being detained on an Immigration and Customs Enforcement hold.
According to the ACLU, the case involved a landmark decision by the Colorado Supreme Court and underwent two rounds of appeals. The settlement signifies the resolution of a long-standing legal battle concerning the El Paso County Sheriff’s Office’s failure to release Cisneros after his daughter posted bail for his pending misdemeanor charges.
Cisneros served as the lead plaintiff in the ACLU of Colorado’s successful state-court class action lawsuit in 2018, which challenged former Sheriff Bill Elder’s policy of detaining prisoners based on suspicion of immigration violations, even after they had posted bail or resolved their criminal charges.
The lawsuit resulted in a ruling by El Paso County district court Judge Eric Bentley, who declared that Elder’s practice violated multiple provisions of the Colorado Constitution. Subsequently, the Colorado Legislature enacted House Bill 19-1124, codifying the court’s decision and prohibiting all Colorado law enforcement officers from arresting or detaining individuals based solely on ICE documents.
In a separate legal proceeding, ACLU lawyers pursued compensation for Cisneros, alleging false imprisonment. Despite Elder’s attempts to dismiss the case by citing governmental immunity, the district court ruled in Cisneros’s favor. Although the Court of Appeals initially sided with Elder, the Colorado Supreme Court unanimously rejected his argument. Following further proceedings at the Court of Appeals, which dismissed Elder’s remaining immunity claim, the case proceeded to trial.
The El Paso County Attorney’s Office subsequently offered a formal “offer of judgment” amounting to $25,000, which Cisneros accepted. The court entered the judgment on March 16, 2023, holding Sheriff Elder liable in his official capacity.
Mark Silverstein, ACLU of Colorado Legal Director, emphasized the significance of the court’s decision, stating that it formally acknowledges the legal liability of Sheriff Elder. Cooperating Attorney Steve Masciocchi of Holland & Hart led the ACLU’s legal team in both lawsuits on behalf of Cisneros.