The U.S. Court of Appeals for the Tenth Circuit issued an order and judgment Thursday in *Mendenhall v. City and County of Denver*, a municipal liability case that has drawn national attention from police accountability advocates and legal experts.
Michael Mendenhall, represented by counsel, appealed a district court ruling that dismissed his municipal liability action against the City and County of Denver. The case, numbered 25-1081 on appeal, originated in the U.S. District Court for the District of Colorado under case number 1:24-CV-00574-PAB-KAS.
The appeals court panel, consisting of Circuit Judge Hartz, Senior Circuit Judge Lucero, and Circuit Judge Phillips, unanimously determined that oral argument would not materially assist in deciding the appeal. According to the court's order, the panel examined the briefs and appellate record before making this determination, following Federal Rule of Appellate Procedure 34(a)(2) and Tenth Circuit Rule 34.1(G).
The case attracted significant attention from civil rights organizations and legal scholars who filed amicus curiae briefs supporting police accountability measures. Among those filing friend-of-the-court briefs were the National Police Accountability Project and Law Enforcement Action Partnership, two prominent organizations focused on police reform.
Several individual legal experts and advocates also submitted amicus briefs, including Richard W. Hendrix, Julie Rickert, Keenan Saulter, Kenneth Walker, and Anjanette Young. The academic legal community was represented by professors Cary Hansel, Joshua Dressler, Donald Dripps, Richard Friedman, George C. Thomas III, and Laurent Sacharoff, indicating the case's significance in legal academic circles.
The broad coalition of amicus filers suggests the case touches on important issues related to police accountability and municipal liability. Municipal liability cases typically involve claims that a local government or its policies were responsible for constitutional violations committed by police officers or other municipal employees.
The National Police Accountability Project, one of the amicus organizations, focuses on ending police violence and promoting accountability through litigation, advocacy, and education. The Law Enforcement Action Partnership comprises current and former law enforcement officials who advocate for criminal justice reform and police accountability measures.
The presence of multiple law professors as amicus filers indicates the case likely involves complex legal questions related to constitutional law, criminal procedure, or civil rights. These academic experts often file briefs in cases that could establish important legal precedents or clarify existing doctrine.
The Tenth Circuit's decision to proceed without oral argument is not uncommon for appeals that the court determines can be resolved based on the written record and briefs. Federal appellate courts have discretion to decide cases without oral argument when they believe the written submissions adequately present the legal issues.
According to the court's order, the ruling "is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel." However, the decision may be cited "for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1."
This language indicates the court issued what is known as an unpublished opinion, which does not carry the same precedential weight as published decisions but can still influence future cases within the circuit.
The timing of the case, filed in 2024 and decided on appeal in January 2026, reflects the typical progression of federal civil rights litigation, which often involves lengthy proceedings at both the trial and appellate levels.
Municipal liability cases under federal civil rights law require plaintiffs to prove that a municipality's policy or custom was the "moving force" behind the constitutional violation. These cases are notoriously difficult to win, as courts require proof of deliberate indifference or a pattern of violations.
The case's appeal to the Tenth Circuit, which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming, means the ruling could influence similar litigation throughout the region. The circuit has jurisdiction over several major metropolitan areas where police accountability issues frequently arise in federal court.
While the specific details of Mendenhall's claims against Denver are not detailed in the available court documents, the involvement of numerous police accountability organizations and legal experts suggests the case addresses significant issues in the ongoing national debate over police reform and municipal responsibility for officer misconduct.
The case adds to the growing body of federal litigation challenging police practices and seeking to hold municipalities accountable for patterns of misconduct. As cities across the nation face increasing scrutiny over police practices, courts continue to grapple with the standards for municipal liability under federal civil rights law.
