Amended complaint filed today.

Gary Justus et al v. State of Colorado and PERA et al

An amended complaint was filed today in Denver District Court. It adds two plaintiffs for a total of four to properly represent the various subclasses. The definition of the class has been rewritten in order to a) more clearly define who is covered by it, and b) expand the class of Denver Public School employees and retirees based on recent research on when automatic COLAs were implemented in DPS. Several counts were added based on additional articles of both the U.S. and Colorado Constitutions. Other minor editing problems were corrected. To read the amended complaint, visit . If you have any questions about the new filing, please submit them to Rich Allen at .

6 Responses to Amended complaint filed today.

  1. saveperacola says:

    That is correct. For larger contributions we prefer a check.

  2. Robert Conklin says:

    Please keep going forward with the suit. I will contribute.

  3. Wolf Edwards says:

    Thank you over and over again for this lawsuit on behalf of all of us. Although I, too, am struggling, I will donate some after my hospital bill has been paid. Is the suit asking for a stay of implementation until the whole legal process is finished?

    • saveperacola says:

      Yes, this may be found in the Complaint under: VI. RELIEF REQUESTED
      WHEREFORE, the Plaintiffs request that this Court order the following relief:
      C. Issue a permanent injunction, pursuant to Colo. Rev. Stat. § 13-51-112 and 42 U.S.C. § 1983, barring implementation of Sections 19 and 20 of Senate Bill 10-001;
      Hope you get better and can pay the bills!

  4. John Kiljan says:

    These all seem to be good changes. I’m glad to see that a former State judge and a current State employee have been added to the plaintiff’s list. I also like seeing the ‘takings’ clause of the Constitution cited. I had wondered why it had not been included before. I especially like the reference to the Pew studies. It puts what Colorado has done compared to other states in perspective for the court.

    I’d have like it even better if the Vermont list of solvency options had been included as possible remedies that PERA had overlooked, but perhaps that can be brought up item by item as a part of the discovery process. I recall PERA testifying that they had looked at all possible alternative funding options during committee testimony. I’d sure like to see PERA’s numbers for the funding solutions that Vermont looked at and they must have also analyzed.

    Anyone curious as to the dozen or more options Vermont has looked at can check this link:

    Speaking of Vermont, I saw on a web site that their estimated investment returns for 2009 will be about 27%. That sounds like a lot more than PERA’s latest “north of 15%” estimate. Bonds did pretty well last year and Vermont should have a similar investment profile to PERA’s. I wonder what PERA’s investment returns for 2009 are really going to be?

    The inclusion of a judicial retiree as a plaintiff brought up a strange thought. Because of the large sums of money involved, no matter what the Denver District Court rules, it is likely to be appealed–probably to the State Supreme Court. Yet, if I understand correctly all of the State’s SC justices are also covered by PERA.

    So what would happen if all the justices recused themselves?


  5. Charlie says:

    Keep up the excellent work. Facebook Causes has a slogan, “Anyone can change the world”. You fellows are proof that a determined effort can overcome a vast institutionalized bureaucracy supported by a well funded coalition of lawyer-lobbyists.

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