Aurora filed a lawsuit asking for the Denver District Court to require Denver to pay legal fees, settlements and jury awards in lawsuits that include Aurora arising out of the 2020 protests sparked by George Floyd’s death in Minneapolis.

Aurora wants enforcement of an agreement and state law that the city says obligates an agency requesting law enforcement aid from other jurisdictions will pay the costs of claims arising from the aid provided, according to the lawsuit filed last Friday.

“Aurora has repeatedly asked Denver to confirm that it will indemnify Aurora or otherwise assume responsibility for these claims as required by state law and the parties’ longstanding practice and agreement,” according to the lawsuit. “Denver has refused, and so Aurora now seeks a declaration establishing that Denver does in fact have that obligation.”

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Several law enforcement agencies sent officers to Denver to aid the city with its response to the protests in the summer of 2020 after the murder of George Floyd by Minneapolis police officers. At least four lawsuits have named Aurora police officers or the city alleging police used excessive force on protesters with kinetic and chemical weapons, according to Aurora’s complaint, including the first to go to trial that resulted last year in a jury awarding 12 protesters $14 million collectively. (A federal judge in Denver has since reduced the liability against one individual officer sued to $50,000).

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The city claims Denver’s delay in acknowledging its obligation to compensate Aurora for costs incurred as a result of the lawsuits has hampered settlement negotiations in the cases, according to the claim.

Although last year’s trial just included claims against Denver and one of its former officers, not the claims against Aurora, it included testimony from a man who said an Aurora officer shot him in the head with a lead pellet-filled round from a shotgun. The blast knocked him out and fractured his skull.

Aurora’s lawsuit says Denver had authority to supervise and control the Aurora officers who provided aid. Attorneys for the protesters in last year’s trial emphasized this point as they sought to show responsibility by Denver for the force used by officers from other agencies.

“Denver and the Aurora law enforcement officers who answered the call to aid formed a special employment relationship under which Denver exercised supervision and control over the Aurora officers,” according to the lawsuit.

The claim does not specify how much Aurora could be on the hook for between legal costs, settlements and jury awards.

The two cities did not elaborate on the disagreement beyond a brief joint statement provided Tuesday.

“Aurora and Denver disagree on which municipality should cover costs associated with legal challenges to the Aurora Police Department’s involvement in the George Floyd protests that occurred in downtown Denver in May 2020,” said the statement. “Denver does not believe it is legally required to pay for claims against Aurora and its police officers. While Aurora and Denver argue their respective positions in court, they will continue to work together outside court toward a safer metropolitan community.”

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