“We absolutely back the badge”: Mesa County defends deputy in federal suit

By Jen Schumann | Rocky Mountain Voice

Mesa County is taking Colorado’s top political figures to court.

On Tuesday, commissioners unanimously voted to authorize a federal lawsuit against Governor Jared Polis and Attorney General Phil Weiser over what they called “politically motivated litigation” targeting local law enforcement under a controversial new state law. The board’s action followed a detailed legal presentation from County Attorney Todd Starr and remarks from all three commissioners defending Sheriff Todd Rowell and other named deputies.

“This action is necessary to protect the constitutional rights of our employees at the Mesa County Sheriff’s Office,” Starr said. “They’re  facing imminent threats of civil liability and penalties.”

At issue is Senate Bill 276, which changed how law enforcement can share information—especially when it comes to immigration. Mesa County leaders say the language is murky and that it’s being weaponized to punish a deputy for following his training.

“We have an opportunity to make history, to have our voices heard here in Mesa County,” Fletcher said. He made it clear the board wouldn’t sit back while the state came after one of their own. His message was simple: Mesa County wasn’t going to quietly accept what he saw as a political attack from the Attorney General’s office. “We absolutely back the badge a hundred percent,” he said, rallying support for the Sheriff’s Office and calling on fellow leaders to fight back in court.

Lawsuit seeks clarity—and protection for deputies

Starr explained that the county is seeking a declaratory judgment to clarify the rights of law enforcement personnel under both state and federal law and an injunction to block enforcement of Article 74 while the matter is litigated.

“The statute’s lack of clarity creates a significant risk—as we’ve already seen—of arbitrary enforcement,” he said. “We will not stand by while our employees are targeted for doing their jobs.”

Among those named as plaintiffs are Sheriff Rowell, Undersheriff Matt King and Captain Curtis Bramer. Starr said the case isn’t just about one deputy—it’s about every officer.

“It’s not just lawful–it’s necessary,” he said. “It protects those who protect our community and ensures they can continue to work without fear of politically motivated litigation.”

The board also confirmed it had authorized public funds to defend Deputy Zink, who is being sued personally.

Davis: “This law had been in effect for only 13 days”

Commissioner Cody Davis, who delivered the most expansive comments of the morning, sought to distinguish the case from unrelated controversies while laying out a detailed defense of the Sheriff’s Office.

“I want to be very clear about why we did this today,” Davis said. “The board is not here today because of politics. We’re here because of a deeply held principle.”

According to Davis, every piece of information referenced in the Attorney General’s lawsuit was voluntarily provided by the Sheriff’s Office.

“The idea that there was a coverup isn’t true,” he said. “And what we got in return was a press conference, was a lawsuit—political theater at the expense of a single officer and frankly, at the expense of public trust.”

He also questioned the practicality and constitutionality of the new law.

“The law as written is vague. It’s conflicting. And if no one challenges it, every officer in Colorado could be punished for doing what they were trained to do,” Davis said.

He framed the legal action as a necessary step toward stability in law enforcement policy.

“We back the badge, we defend our own,” he said. “And above all, we will fight for a legal system that serves the people, not politics.”

“If we don’t show up, we lose”

Commissioner Fletcher praised the public turnout at the meeting and said the lawsuit reflects local resolve to resist political overreach.

“I know we’ve prayed over this, we’ve talked about this,” he said. “If we don’t show up, then we lose. So thank you for showing up and supporting Mesa County.”

Fletcher highlighted the Sheriff’s Office’s work stopping drug smuggling on I-70 and asked why Mesa County was the one being hauled into court when other agencies shared information too.

“To single out Mesa County is absurd,” he said. “This is for political gain.”

Daniel: “This is more than just one case”

Board Chair Bobbie Daniel, who closed the session, condemned the state’s lawsuit as selective prosecution and framed the county’s legal response as a defense of law enforcement statewide.

“This is more than just one case. It’s about defending constitutional clarity, stopping selective prosecution and protecting every Colorado peace officer from vague and dangerous laws,” Daniel said.

She pointed to what she called the state’s misplaced priorities on immigration.

“Immigration enforcement is a federal responsibility. It belongs to Congress and federal agencies, not the state of Colorado,” she said. “When Washington’s open border policies and Democrat open border policies created this crisis, Colorado Democrat leadership made it worse by passing sanctuary laws that tie the hands of law enforcement and side with lawlessness over law and order.”

Daniel emphasized that the data cited in the lawsuit came directly from the Sheriff’s Office, “voluntarily and transparently,” and added that other agencies did the same without legal consequence.

“Only Mesa County is being dragged into court. That’s not justice. That is political theater,” she said.

She closed her remarks with a strong show of support for law enforcement.

“It’s my privilege to defend our deputy,” Daniel said. “We stand with our deputies, we stand with our sheriff… and we’ll defend the people that deserve justice in this state.”