FORT COLLINS — A federal judge has ruled that a jury will decide whether multiple Fort Collins police officers violated constitutional rights by using excessive force against one man and retaliating against another for recording an interaction, court records show.
Background of encounter
The events stem from a late-night incident in July 2021 after a report that firearms and other items had been stolen from a vehicle. Officers converged on two men, Angel San Roman and Carlos Lopez, near a black SUV after witnesses reported a suspicious white SUV and a possible shotgun being racked.
According to allegations in court filings, Sgt. Kyle Bendzsa saw the men handling long guns, and several Fort Collins officers approached the scene. San Roman, who the complaint says became belligerent, allegedly removed most of his clothing to show he was not armed. Despite that, one officer deployed a Taser on him.
Lopez, meanwhile, continued walking and began filming on his phone. The complaint alleges that an officer pepper-sprayed Lopez 17 seconds after initial contact and immediately after Lopez asserted that he had the right to record.
Judge finds jury should decide claims
In an Aug. 6 order, U.S. District Judge Charlotte N. Sweeney declined to grant summary judgment for the officers on two key claims, meaning those issues will go to trial. The judge said a jury must determine whether officers used an unwarranted electrical shock on San Roman and whether an officer unlawfully retaliated against Lopez for recording.
"Despite clearly demonstrating that he had no weapons on him, (Fort Collins) officers moved toward San Roman with their weapons drawn," Sweeney wrote. "At the same time, San Roman pulled down his jeans and gym shorts, leaving him only in his underwear, with his pants and shorts around his ankles and his arms in the air."
Sweeney also noted that while San Roman used profanity, he "undertook extensive efforts to show that he was unarmed — a fact that matters significantly when assessing the immediacy of the threat." The judge's ruling leaves contested factual questions — including the level of force justified and whether the officers reasonably perceived a threat — to jurors.
Claims and parties
The plaintiffs allege excessive force and First Amendment retaliation. Court documents identify the plaintiffs as Angel San Roman and Carlos Lopez. The officers named in the filings include Sgt. Kyle Bendzsa among others. The complaint says officers believed the men were connected to the reported theft and that weapons had been handled at the scene.
- What is at issue: alleged use of a Taser on an unarmed man and alleged pepper-spray retaliation for recording.
- Legal posture: U.S. District Court denied summary judgment on two claims; jury trial slated.
- Key figures: plaintiffs Angel San Roman and Carlos Lopez; Judge Charlotte N. Sweeney; Sgt. Kyle Bendzsa.
Local context and consequences
The judge's decision to send these claims to a jury highlights persistent tensions in Fort Collins and nationwide over the appropriate use of force and the rights of bystanders to record police. If jurors find liability, the verdict could affect departmental training, oversight and public confidence in local policing practices. If the officers prevail, the ruling could reinforce protections for officers acting on perceived threats during calls involving alleged weapons.
Attorney David Gartenberg, who has commented publicly on related matters in the region, was mentioned in the filings; a photograph of him accompanying previous coverage appeared in reporting. The case record will likely grow as discovery proceeds and the city and department prepare for trial.
| Item | Detail |
|---|---|
| Incident month | July 2021 |
| Judge | Charlotte N. Sweeney |
| Plaintiffs | Angel San Roman; Carlos Lopez |
| Alleged actions | Taser deployment; pepper spray after recording |
The precise trial date and the exact roster of officers expected to testify have not been disclosed in the court order. Residents and city officials will be watching how the litigation proceeds, given the implications for policing policy and civil liberties in Fort Collins.
As the case moves forward, WE NEWS will monitor filings, court scheduling and statements from the city, the Police Department and counsel for the parties.
