Federal judges this week rejected a class-action lawsuit brought by an Aurora councilwoman against the Arapahoe County Department of Human Services after a social worker tried to frame her for child sexual abuse.
Aurora City Council member Danielle Jurinsky accused the department and ex-employee Robin Niceta of violating her Constitutional rights to due process and equal protection after Niceta called a child abuse hotline in 2022 to fraudulently claim that Jurinsky had molested her own son.
Niceta was found guilty of felony attempting to influence a public servant and misdemeanor false reporting of child abuse last year. She pleaded guilty to additional charges earlier this week for faking a diagnosis of brain cancer to try to avoid accountability in the first case.
10th Circuit Court of Appeals judges Scott Matheson Jr., Carolyn McHugh, and Timothy Tymkovich ruled on Oct. 7 that Jurinsky’s class-action case against Niceta and the department could not move forward, agreeing with a previous ruling by federal district court judge Philip Brimmer.
The judges held that Jurinsky did not allege facts to support the claim that Niceta acted under the color of state law, nor did she back up claims that the county interfered in her relationship with her son or treated her differently from others who faced similar situations.
“Although the amended complaint alleged serious misconduct, it was deficient under the theories of liability Ms. Jurinsky wished to pursue in this action,” the Oct. 7 ruling states.
Jurinsky said Friday that she does not plan to appeal the ruling but was grateful for the opportunity to shed light on the struggles of other families who, like Jurinsky’s, say the department unjustly separated or tried to separate them from their children.
“At least, even for a day or a week, these folks got to have their voices heard,” Jurinsky said. “I’ve taken this fight as far as I have for other people who didn’t have a voice.”
Anders Nelson, a spokesman for Arapahoe County, said the county had no comment on the ruling.
Jurinsky’s lawsuit was filed in 2022 and first dismissed by Brimmer in 2023.
