After hard-fought litigation over the last 4+ years, we’re proud to report that we obtained a successful verdict in federal court last month.
Background: The 2021 Lawsuit
As defendants unfortunately do too often in these cases, the Saguache County Sheriff and the jail commander responsible for Jackson’s death never accepted any responsibility for what they did. And the jail commander, Defendant Captain Ken Wilson, asked the court to let him out of the case on the grounds of “qualified immunity.” Qualified immunity is a doctrine that can sometimes make government officials immune from liability for their wrongful acts. Congress intended to do away with this sort of immunity for violations of constitutional rights, but judges missed key language in the original Act and invented the doctrine anyway. Thankfully, our judge in this case refused to let Defendant Wilson claim immunity. Defendant Wilson appealed to the 10th Circuit, and we won there too, along with the help of our excellent co-counsel, Spencer Bryan of Bryan and Terrill and Megha Ram of the MacArthur Justice Center.
The Road to Trial and 10th Circuit Win
With the 10th Circuit behind us, we took the case to trial before a jury of 8 people from across the Front Range. After a lot of thought and research, we and our client decided to go easy on the first-line jailer, Defendant Miguel Macias, because he was so poorly led by the Sheriff’s Department and its jail commander. We did the same for the Board of County Commissioners, since it was clear that no amount of money would have changed the Sheriff’s and Captain Wilson’s attitude towards their constitutional duties.
At trial, we asked the jury to consider whether it was acceptable for Captain Wilson to (1) see and hear Jackson banging his head on a metal wall; (2) hear Jackson explain his actions as “I’m trying to kill myself right now”; (3) fail to put Jackson on suicide watch and get mental health professionals involved; and (4) leave work without taking only 10 seconds to check on Jackson — just as Jackson was starting to tie a noose to the bars of his cell. The jury found Captain Wilson liable for acting with “deliberate indifference” to Jackson’s serious medical needs, meaning he actually knew about a substantial risk of suicide and he failed to take reasonable steps to get Jackson the required medical care and protect his life in the meantime. The jury also found the Sheriff, Dan Warwick liable for inadequate training, also with deliberate indifference to his inmates’ medical needs.
Remembering Jackson Maes
We spent the remainder of trial telling Jackson’s story through his family and friends (or, as defense counsel called them in their opening statement slideshow, “friends” — yes, they really did use quotation marks). Needless to say, this process was so important to the people who loved Jackson. They fought for him, and they cried for his loss. But most importantly, they told the stories of happiness, love, hope, and triumph that made Jackson so much more than his mental illnesses.
Jackson Maes was a talented musician, multi-instrumentalist, and producer. His music can be found here: (link: https://soundcloud.com/jacksonmaes). Jackson loved animals, and left behind a beloved cat and dog. Jackson had a wonderful group of friends in Crestone, Denver, and around the country. Jackson was a beloved brother, grandson, and son. It was our deepest honor to represent Jackson in this case, and we hope it stands as a statement that everyone deserves help to survive their worst day and find recovery.
Denver Personal Injury Attorney
Fighting for Justice, Winning Against the Odds
Sean Dormer has built his career on standing up to powerful corporations and insurance companies to get justice for the injured. With a relentless trial-focused approach, he has secured multi-million-dollar verdicts and settlements for clients who were turned away by other firms. His expertise has led him to speak at statewide legal conferences and advocate for fairer personal injury laws in Colorado.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, K.C. Harpring, a Denver personal injury attorney with extensive legal expertise.