Colorado city ordered to pay settlement to man blocked from commenting on official city Facebook pages

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The city of Woodland Park, Colorado, settled a lawsuit with a resident who was blocked from commenting on the Facebook pages of the city and its police department. 

Key Players

Delbert Sgaggio, a self-described “civil rights activist and public servant accountability expert,” has a history of litigation against public officials. He was the plaintiff in another Free Speech lawsuit against Colorado Attorney General Phil Weiser (D) and the state, which was dismissed in January 2022.

Miles De Young, the former chief of the Woodland Park Police Department (WPPD), was placed on administrative leave in May 2021, announcing his retirement two months later after an investigation suggested he be terminated for workplace misconduct, the Colorado Springs Gazette reported. 

Further Details

Woodland Park, a small city of 7,943 people in central Colorado, leans moderately conservative.  

In 2018, Sgaggio criticized police in a WPPD Facebook post about a cannabis-related home raid, collectively referring to the department as “a pig” and lambasting police for raiding a home with a child inside, CPR News reported. 

The WPPD account deleted the comment, leading Sgaggio to post several more, some of which contained profanity, before De Young blocked him from commenting, Colorado Public Radio reported. He was also blocked from commenting on posts on the city’s official Facebook account. 

Andrew McNulty, Sgaggio’s attorney, pointed out that De Young had complied with “the city’s Facebook policy, which required the removal of all profanity,” a policy McNulty called “unconstitutional,” Westword reported. 

On July 7, 2020, Sgaggio filed a federal lawsuit against the city and De Young, asserting that WPPD, under its social media policy, had violated his Free Speech rights. He also alleged retaliation on the part of De Young, arguing that the comments were deleted because of their critical nature.  

On Jan. 31, 2022, U.S. Magistrate Judge Kathleen M. Tafoya, appointed in 2007 by former President George W. Bush, issued an official notice recommending summary judgment of the case. Tafoya noted that Sgaggio had “failed to allege the requisite chilling effect for a retaliation claim,” and that De Young’s claim of qualified immunity would likely succeed because Sgaggio had not presented evidence of malice. 

On March 31, Chief District Judge Philip A. Brimmer, also nominated by former President George W. Bush, issued a decision largely consistent with Tafoya’s recommendations. 

Brimmer granted De Young qualified immunity and dismissed Sgaggio’s retaliation claim. His claim that the city’s social media policy was unconstitutional under the First Amendment, as well as his claim that his “First Amendment free press rights” were violated, were allowed to proceed.  

Outcome

Sgaggio and Woodland Park settle out of court 

On Aug. 3, Sgaggio and the city reached a settlement. He was awarded $65,000 and the city agreed to revise its social media policy, CPR News reported. McNulty said, “This case sends a message to every public official in the country: respect the free speech rights of your constituents online or pay the price,” KOAA reported.