This story was originally published by the WND News Center.
A Colorado family wants to punish the town of Elizabeth for ticketing their son, now an adult, for an alleged curfew violation that was based on an unconstitutional law.
Technically, the family is suing for years of out-of-pocket costs for court battles, compensatory damages, and even punitive damages. Plus lawyers' fees and interest.
It is at Complete Colorado that the situation is described.
Michael and Jennifer Saunders, along with their now-adult son Joseph, are suing the town for the curfew ticket issued to a then 17-year-old Joseph several years ago.
It was in 2021 when he was returning home from a Saturday evening with friends, with his parents' permission.
It was a little after midnight that Elizabeth police officers stopped a group of people and cited the high school boys for the curfew violation.
That law, at the time, banned individuals under 18 from being out past midnight on Friday and Saturday nights. It also barred them from public streets before 5 a.m. on all days.
A municipal court found Saunders guilty, but the case was appealed and a district judge in Elbert County in 2024 declared the ordinance unconstitutional.
The town didn't appeal and the citation eventually was waived and the ordinance changed to comply with constitutional requirements.
Now the Saunders family members are seeking, in federal district court, compensation for their years of trouble and expense.
The parents spent "thousands of dollars defending" this case, according to their complaint, and the "entire family suffered extreme emotional distress from the incident, the Parents were ridiculed by others in the community, and they were afraid to allow their children to travel within the Town of Elizabeth at any time. The Parents feared reprisal from the Town and the Police Department. The Parents experienced great stress and lived in fear that they may be improperly parenting their children."
It cites, specifically, "damages for pain and suffering, physical injury, mental and emotional distress, humiliation, loss of enjoyment of life, and all other non-economic and economic damages."
Defendants, beside the town, include three police officers involved in the original citation.
