Denver Trial Lawyer James Avery represented victim Angelica Saupe f/k/a Angelica Synovic in her case against former Rangeview High School Girls Basketball Coach David James O’Neill Jr. and Aurora Public Schools. The Supreme Court will determine the constitutionality of the SB021-088 (the Child Sex Abuse Accountability Act).
Update: June 20, 2023.
The Colorado Supreme Court held the CSAAA to be unconstitutional as to all claims that were time barred before the enactment of the Act (Jan 1, 2022). The law was not struck down in its entirety and still provides a new statutory remedy against perpetrators and managing organizations that did not exist before the Act, for those claims that were not time barred as of Jan 1, 2022. The provisions of the law waiving government immunity also stand (was not decided), as do the limits on damages for claims under the Act.
Colorado Supreme Court
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A decision is expected before July 1, 2023. Victims of child sexual abuse have a three year window to bring their claims dating back to 1960 against perpetrators and ‘managing organizations’ who were responsible for the children’s safety and welfare where the abuse occurred. Victims can claim up to $1 million damages under the Act and have until January 1, 2025 to file their claim. Contact Denver Injury Law, LLC now to learn if you qualify to bring a claim. Phone 303-840-2222.
Martindale Award for 40 Years in PracticeDenver Lawyer James Avery receives top honor.5280 Magazine
5 separate lawsuits have been filed by Denver’s Top Trial Lawyer James Avery on behalf of victims for damages concerning sexual misconduct suffered as minors at the hands of “persons in a position of trust” and organizations responsible: Cherry Creek School District, Aurora Public School District, Boulder Valley School District, and Highlands Ranch Community Assoc. One teacher raped a student on the campus by a teacher at Colorado Academy (Lakewood, CO), one guidance counselor at Rangeview High School (Aurora, CO), one a basketball coach at Broomfield High School (Boulder County, CO), one a basketball coach at Smoky Hill High School, and one a coach at Highlands Ranch Northridge Community Center.
Breaking news: Sep. 21, 2022-Avery Law Firm secures ruling in Arapahoe County District Court (Norris v. Cherry Creek School District-Judge Peter Michaelson) that the Child Sex Abuse Accountability Act is constitutional. See Link for details.
Subject: COLORADO’S NEW CIVIL CAUSE OF ACTION ALLEGING SEXUAL MISCONDUCT AGAINST MINOR: CASE FILINGS AGAINST CHERRY CREEK SCHOOL DISTRICT, BOULDER VALLEY SCHOOLS, AURORA PUBLIC SCHOOLS, HIGHLANDS RANCH COMMUNITY ASSOCIATION, AND COLORADO ACADEMY
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed multiple civil causes of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088) governing Sexual Misconduct Against Minors, the Child Sex Abuse Accountability Act, Colo. Rev. Stat. 13-20-1202 (eff. 1/1/22).
Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30137) on behalf of Cydny Norris (a former student at Smoky Hill (Aurora, CO) High School) against Cherry Creek School District and Perry Weisman, Sandy Smith, and Anton Durall Kaempfer (all former Smoky Hill High School counselors or teachers).
Plaintiff Cydny Norris, age 59, claims that she was groomed beginning in 1975 at Campus Middle School, age 12 and sexually abused as a minor (ages 14-17) for years (1977 to 1980) by Defendant Anton Durall Kaempfer, age 31, a person in a position of trust as her guidance counselor, at Cherry Creek Schools’ Smoky Hill High School. Kaempfer, an adult, now age 77, was not reported and not charged at the time of the offense, although Norris alleges other counselors and teachers were aware of the misconduct. Norris complained to law enforcement in 2015 and Boulder Sheriff Office refused to take a complaint. Norris has never been informed of any investigation by Cherry Creek School District, although she believes the misconduct was reported to the School District by a whistle blower in 1993.
Case filed in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30042) on behalf of Brian Coursey (a former student athlete at Broomfield (CO) High School) against Boulder Valley School District and Robert T. Osborne, Jr. (a former freshman basketball coach at Broomfield High)
Plaintiff Brian Coursey, age 47, claims that he was sexually abused as a minor (ages 14-15) for years (1989-90) by Defendant Robert T. Osborne, Jr., age 40, a person in a position of trust as his freshman basketball coach, at Boulder Valley School’s Broomfield High School. Osborne, an adult, was not reported and not charged at the time of the offense.
Coursey complained to law enforcement in 1993 and Osborne was found guilty of charges related to sexual assault on a child and sentenced to jail. Coursey has never been contacted by Boulder Valley School District, although he believes the School District was contacted by the Boulder Sheriff Office at the time of his complaint.
3 Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David James O’Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and campus monitor).
Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2000-2004) by Defendant David James O’Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School. O’Neill, then age 44, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told charges would not be filed. Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint.
4. Case filed in Douglas County District Court-Castle Rock, Colorado (Case No. 2021cv31001) on behalf of Emily Stanton (a Colorado nurse) against Highlands Ranch Community Association, Matt Muller (HRCA Supervisor) and William Fearing (a former Highlands Ranch Community Association racquetball program director and coach of youth leagues).
Plaintiff Emily Stanton, age 24, claims that she was sexually abused as a minor (ages 15-17) for years (2011-2013) by Defendant William Fearing, age 74, person in a position of trust as her racquetball coach, at Highlands Ranch Community Association’s Northridge Community Center. Fearing was supervised by Defendant Matt Muller, who was warned by another coach (an adult female) that the relationship between Fearing and his minor girl assistants (including Emily Stanton, age 14) was suspicious. William Fearing, then age 66, was not reported and not charged at the time of the offense. Stanton complained to law enforcement in 2018, at age 22, and Fearing was charged with and convicted of sex assault against a minor by a person in a position of trust and pattern of abuse. Fearing, who was sentenced to 6 years jail time in May 2019 by a Douglas County judge, is serving time in evenings at Douglas County community corrections, and is already eligible for parole.
5. Case filed in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30001) on behalf of Kate McPhee (a Vermont artist) against John Kelly (a prominent Aspen, CO photographer and former Colorado Academy teacher), Albert Brown (member of the iconic Brown family that helped establish Aspen Skiing Company),Darcey Brown (former teacher at Colorado Academy now residing in Moab, UT and member of the iconic Brown family), Bruce Cranmer (a Boulder resident and former C.U. Nordic Ski Coach), Alan Cranmer, Jeanie Cranmer Clark and Mark Clark.
The lawsuit alleges that claimant Kate McPhee, age 15, was raped on the campus of Denver prep school Colorado Academy (CA) by one of its teachers, John Kelly (a history teacher at CA) then serially raped over the course of 3 weeks in the summer of 1977 on a Grand Canyon River trip supervised by the other adults. McPhee alleges a pattern of grooming and sexual misconduct by persons in a position of trust. She claims that alcohol and illicit drugs were provided to her and another teenage girl by the adults on the river trip, then she was serially raped by Kelly with the knowledge and consent of the other adult chaperones. The matter was never reported to police by the adults and only recently investigated by Colorado Academy after McPhee answered an open letter by CA seeking other victims who were abused by another of its teachers.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at $500,000 or $1,000,000 depending on the knowledge of the organization, $424,000 or $1,195,000 against public entities.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.” [end]
If you have information concerning any act of sex abuse of a minor by a ‘person in a position of trust’ in Colorado, please contact Denver trial lawyer James Avery at ph. 303-840-2222 or via the online contact form below.
Denver Trial Lawyer James AveryColorado’s Top Personal Injury Law Firm
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Douglas County District Court (Case No. 2020cv 31001, Div. 5) on behalf of Emily Stanton (a Colorado nurse) against William Fearing (a former community association racquetball program director and coach of youth leagues) and the local Douglas County community center.
Plaintiff Emily Stanton, age 24, claims that she was sexually abused as a minor (ages 15-17) for years (2011-2013) by Defendant William Fearing, age 74, person in a position of trust as her racquetball coach, at a local Douglas County community center. Fearing was supervised, and the facility supervisor was warned by another coach (an adult female) that the relationship between Fearing and his minor girl assistants (including Emily Stanton, age 14) was suspicious. William Fearing, then age 66, was not reported and not charged at the time of the offense. Stanton complained to law enforcement in 2018, at age 22, and Fearing was charged with and convicted of sex assault against a minor by a person in a position of trust and pattern of abuse. Fearing, who was sentenced to 6 years jail time in May 2019 by a Douglas County judge, is serving time in evenings at Douglas County community corrections, and is already eligible for parole.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenol to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.”
If you have any information concerning sex abuse against minors at any community athletic Ass’n or by a Coach, please contact James Avery at ph. 303-840-2222 or via the contact form below.
Emily Stanton, Sex Abuse SurvivorCoach Bill Fearing, convicted sex offenderDenver Trial Lawyer James Avery
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in in Arapahoe County District Court, Centennial, Colorado (Case No. 2022cv30065) on behalf of Angelica Saupe (a retired Colorado 911 dispatcher) against Aurora Public Schools and David “Dave” James O’Neill Jr (a former Rangeview High School basketball/softball coach, Fellowship of Christian Athletes leader, and campus monitor).
Plaintiff Angelica Saupe, age 35, claims that she was sexually abused as a minor (ages 14-17) for years (2000-2004) by Defendant David James O’Neill Jr., age 64, person in a position of trust as her basketball coach, at Aurora Public School’s Rangeview High School. O’Neill, then age 44, was not reported and not charged at the time of the offense. Saupe complained to law enforcement in 2007, at age 20, and was told charges would not be filed. Saupe has never been contacted by Aurora Public Schools, although she believes the School District was contacted by Aurora Police at the time of her complaint.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.”
If you have any information about sex abuse against minors at Aurora Public Schools, please contact James Avery at ph. 303-840-2222 or via the contact form below.
Angelica Saupe, sex abuse victimCoach Dave O’Neill, alleged sex offenderColorado’s Top Personal Injury Law FirmDenver Trial Lawyer James Avery
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed multiple civil causes of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors.
Case filed in Arapahoe County District Court-Centennial, Colorado (Case No. 2022cv30137) on behalf of Cydny Norris (a former student at Smoky Hill (Aurora, CO) High School) against Cherry Creek School District and Perry Weisman, Sandy Smith, and Anton Durall Kaempfer (all former Smoky Hill High School counselors or teachers).
Plaintiff Cydny Norris, age 59, claims that she was groomed beginning in 1975 at Campus Middle School, age 12 and sexually abused as a minor (ages 14-17) for years (1977 to 1980) by Defendant Anton Durall Kaempfer, age 31, a person in a position of trust as her guidance counselor, at Cherry Creek Schools’ Smoky Hill High School. Kaempfer, an adult, now age 77, was not reported and not charged at the time of the offense, although Norris alleges other counselors and teachers were aware of the misconduct. Norris complained to law enforcement in 2015 and Boulder Sheriff Office refused to take a complaint. Norris has never been informed of any investigation by Cherry Creek School District, although she believes the misconduct was reported to the School District by a whistle blower in 1993.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.” This is the fifth case filed by Avery under the new law. [end]
If you have any information about this case or sex abuse at Cherry Creek Schools, please contact Denver Injury Law LLC’s trial lawyer James Avery, ph. 303-840-2222 or fill out the contact form below and we will contact you.
Denver, Colorado. Colorado’s Top Personal Injury Law Firm® trial lawyer James Avery has filed a civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1202) governing Sexual Misconduct Against Minors in Boulder County District Court-Boulder, Colorado (Case No. 2022cv30042) on behalf of Brian Coursey (a former basketball player at Broomfield (CO) High School) againstBoulder Valley School District and Robert T. Osborne, Jr (a former Broomfield (CO) High School freshman basketball coach).
Plaintiff Brian Coursey, age 47, claims that he was sexually abused as a minor (ages 14-15) for years (1989-90) by Defendant Robert T. Osborne, Jr., age 40, a person in a position of trust as his freshman basketball coach, at Boulder Valley School’s Broomfield High School. Osborne, an adult, was not reported and not charged at the time of the offense. Coursey complained to law enforcement in 1993 and Osborne was found guilty of charges related to sexual assault on a child and sentenced to jail. Coursey has never been contacted by Boulder Valley School District, although he believes the School District was contacted by the Boulder Sheriff Office at the time of his complaint.
The newly enacted law (SB021-088), effective Jan 1, 2022, creates a new cause of action effectively setting aside time limits in cases going back to 1960. Victims have 3 years (until Jan. 1, 2025) to file previously time barred claims the new law.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
Denver trial lawyer James Avery comment on the new law: “This is an unprecedented opportunity for justice where it is truly needed. I have turned away dozens of clients who were sexually abused as children but who didn’t come forward in time to file a case. This new law gives them a remedy, albeit a limited one. These victims invariably suffer for a lifetime and the abuse effects their families, their jobs, their social relationships, virtually every aspect of their lives. To have this new tool in the arsenal to help them is a big step forward for society at large. For the defendants in these heinous cases, its a day of reckoning.” This is Avery’s fourth case filing under the new law.
Brian Coursey, sex assault victim Freshman Broomfield High Freshman Basketball Coach Osborne, convicted sex offender
If you have any information about this case, or other cases of sex abuse against minors, contact lawyer James Avery Denver Injury Law LLC now.
Denver Injury Law LLC-Boulder Office, 4450 Arapahoe Ave., Boulder, CO 80303. Ph. 303-840-2222.
Denver trial lawyer James Avery has filed the first civil cause of action for sexual misconduct against a minor under the newly enacted Colorado law (SB021-088, CRS 13-20-1201) governing Sexual Misconduct Against Minors in Boulder County District Court (Case No. 22cv 30000, Div. 2) on behalf of Kate McPhee (a Vermont artist) against John Kelly (a prominent Aspen, CO photographer and former Colorado Academy teacher), Albert Brown (member of the iconic Brown family that helped establish Aspen Skiing Company), Darcey Brown (former teacher at Colorado Academy now residing in Moab, UT and member of the iconic Brown family), Bruce Cranmer (a Boulder resident and former C.U. Nordic Ski Coach), Alan Cranmer, Jeanie Cranmer Clark and Mark Clark. The lawsuit alleges that claimant Kate McPhee, age 15, was raped on the campus of Denver prep school Colorado Academy (CA) by one of its teachers, John Kelly (a history teacher at CA) then serially raped over the course of 3 weeks in the summer of 1977 on a Grand Canyon River trip supervised by the other adults. McPhee alleges a pattern of grooming and sexual misconduct by persons in a position of trust. She claims that alcohol and illicit drugs were provided to her and another teenage girl by the adults on the river trip, then she was serially raped by Kelly with the knowledge and consent of the other adult chaperones. The matter was never reported to police by the adults and only recently investigated by Colorado Academy after McPhee answered an open letter by CA seeking other victims who were abused by another of its teachers.
The lawsuit seeks an unspecified amount of damages. Damages under the new law, C.R.S. 13-20-1201, are capped at Five Hundred Thousand or One Million Dollars depending on the facts of the case.
If you have any information concerning sex abuse of minors at Colorado Academy, please contact James Avery at ph. 303-840-2222 for via the contact form below.
Case No 2022cv30000 Boulder District Court, Colorado
The Denver Post refrained from publishing the names of defendants, who are identified in the Press Release. The primary actor was John Kelly an Aspen, Colorado photographer and former Colorado Academy history teacher.
Denver Injury Law LLC has filed multiple new cases under the Act. In Arapahoe County, Saupe v. Aurora Public Schools, Case No. 22cv30065, and in Douglas County, Stanton v. Highlands Ranch Community Association, Case No. 20cv31001. These cases have garnered network news coverage featuring Denver’s Top Trial Lawyer James Avery.
Story by Deborah Takahara Channel Fox31 NewsEmily Stanton stating her claim.Denver’s Top Trial Lawyer James Avery advocating for victims of sex abuse as minors.HRCA Racquetball Coach William Fearing-Perpetrator in Stanton v Highlands Ranch Community Assn
Rangeview Girl’s Coach Dave O’Neill-Perpetrator in Saupe v Aurora Public Schools
Denver trial lawyer James Avery is a pioneer in the field of personal injury with 40 years experience in handling sex abuse cases. Call now for a free consultation (303-840-2222) or complete the following confidential contact form and we will contact you,
If you have any information about any of these cases, please contact James Avery ph. 303-840-2222. All communications will be handled confidentially.
Denver mass tort-hospital liability lawyer James Avery has been retained to investigate the breach of security and #HIPAA violations effecting a large number of #employees and #patients at #UCHealth Memorial Hospital Central in #ColoradoSprings. Contact James Avery for further information. Call now: 303-840-2222 or complete the contact form below.
HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.
OCR only may take action on complaints if:
Your rights were violated by a covered entity or business associate
You file your complaint within 180 days of the violation
These statutory remedies, however, are not available to private citizens, whose sole remedy is under state law (using HIPAA regulations as a standard). State remedies must be pursued starting with a notice of claim within 182 days of the date of discovery.
Don’t delay, failure to meet the time deadlines can bar your claim. Talk to an experienced attorney today.
February 1, 2020 – Announcing the selection of James W. Avery among America’s Top 100 High Stakes Litigators® for 2020. Previous selection includes 2019 (Inaugural year). Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.
Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®. With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.
When experience counts, trust Avery Law Firm to handle the case. Contact James Avery now! Call +1-303-840-2222 or complete the confidential contact form below (24/7). New York-Colorado-Indiana
Salainis
I had learned already many of the Outland methods of communicating by forest notes rather than trust to the betraying, high-pitched human voice.
None of these was of more use to me than the call for refuge. If any Outlier wished to be private in his place, he raised that call, which all who were within hearing answered.
Then whoever was on his way from that placed hurried, and whoever was coming toward it stayed where he was until he had permission to move on.
