Former Douglas County Sheriff to Face Trial Over Allegations of Wrongful Termination in the Midst of 2020 Election
A former sheriff in Douglas County is set to face a jury trial to face allegations of wrongful termination in the midst of the 2020 election. Holly Kluth, a longtime 32-year employee of the Douglas County Sheriff's Office, filed a lawsuit against then-Sheriff Tony Spurlock, claiming he retaliated against her for exercising her First Amendment-protected speech.
The crux of the issue lies in a Facebook post Kluth made during the election, in which she expressed her disagreement with Sheriff Spurlock's endorsement of a Democratic candidate for a local election.
The post caught the attention of the county GOP, who reached out to Kluth for a statement in support of Republican candidates. Although apprehensive about her statement potentially being used for political purposes, Kluth ultimately posted her views on Facebook for those who had been asking.
Former Douglas County Sheriff Tony Spurlock
The post did not sit well with Spurlock, and an internal affairs investigation was launched against both Kluth and another employee, Tim Moore. Despite Kluth's admission that her role as undersheriff required her to be in line with Spurlock's views, she was demoted to captain and found to have violated five office policies. This all occurred at a time when Kluth had expressed interest in running for sheriff in 2022.
In May of 2021, Spurlock met with Kluth again and informed her of her termination, citing that "nothing had changed since the fall." Kluth's attorneys argue that her firing was motivated by a "factional political dispute" within the county's Republican party. However, Spurlock's defense argued that Kluth's behavior and misconduct, including ordering a subordinate to delete her personnel records and allegedly being dishonest about her application to join the office in 1988, were the true reasons for her termination.
Former Douglas County Undersheriff Holly Kluth
Both sides requested for Judge Nina Y. Wang to resolve the matter without a trial, but she ultimately ruled that there were significant disputed facts that would be better addressed by a jury.
Wang also rejected Spurlock's argument that Kluth's Facebook post did not involve a matter of public concern, noting that it clearly addressed the upcoming election, which the Supreme Court has stated falls under the core protection of the First Amendment.
Wang also found that Spurlock had failed to give Kluth proper notice of her impending termination, a requirement under Colorado law. The jury will now have to determine whether the sheriff's office has valid grounds for termination based on Kluth's other alleged misconduct.
In addition to her First Amendment claim, Kluth is also pursuing a related claim under Colorado's 2020 policing reform law, which aims to enhance accountability for law enforcement.
The case, titled Kluth v. Spurlock et al., will proceed to trial and the former sheriff will have to defend his actions in front of a jury.