Activists have filed a federal civil rights lawsuit against Denver after two men were arrested for distributing jury nullification literature outside the courthouse.
The lawsuit seeks an injunction to bar police from arresting people handing out information to potential jurors, saying their First Amendment free speech rights have been violated.
The lawsuit, filed by attorney David Lane on behalf of Eric Verlo, Janet Matzen and the Fully Informed Jury Association, names the city and Chief Robert White as defendants.
Verlo and Matzen, identified as community activists, want to pass out jury nullification information at the Denver courthouse. The informed jury association plans to hold a public campaign Sept. 5 on the courthouse plaza.
However, the arrests of two other men have chilled the plaintiffs from “engaging in the constitutionally protected activity of handing out literature and engaging in conversations with passers-by for fear they will be arrested,” the lawsuit said.
Jury nullification happens when jurors refuse to convict despite the evidence to send a social message or because they believe a law is unjust.