Darren O鈥機onnor, a former executive committee member of the NAACP Boulder County branch, is suing the City of Boulder, alleging that city officials retaliated against him for publicly criticizing the appointment of .
The , filed April 29 in U.S. District Court, claims the city sought to discredit O鈥機onnor by spreading false information about him and referring him for criminal prosecution. He alleges these actions were retaliation for his constitutionally protected speech.
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鈥淪uch serious, repetitive efforts to silence my voice as a community member, a lawyer, and as a member of the NAACP led me to pursue this lawsuit,鈥� O鈥機onnor said in an emailed statement. 鈥淣o one should be retaliated against for exercising their First Amendment rights to associate and to criticize a public official.鈥�
The complaint marks the latest development in a deepening rift between Boulder officials and several former members of the local NAACP branch. For more than a year, members of the branch鈥檚 executive committee have publicly questioned Redfearn鈥檚 connection to the 2019 death of Elijah McClain during his time with the Aurora Police Department. That criticism played a role in O鈥機onnor鈥檚 suspension by the national NAACP and the executive committee鈥檚 recent attempt .
Redfearn was a captain when officers confronted McClain, a 23-year-old Black man who died after being forcibly arrested and injected with ketamine. Redfearn called in a critical incident team to investigate, but also edited dispatch logs to classify the incident as an 鈥渁ssault on a police officer鈥� rather than a 鈥渟uspicious person,鈥� based on what officers told him.
Although McClain had not assaulted officers, the reclassification did not appear to affect the outcome of multiple investigations into his death. Redfearn ultimately testified for the prosecution in the trial. Still, O鈥機onnor and others have said it 鈥渞eeked of a cover-up.鈥�
City Manager Nuria Rivera-Vandermyde Redfearn police chief in September 2024 after a monthslong search. Both she and Redfearn have described accusations about his role in McClain鈥檚 death as a misrepresentation of the facts. Redfearn .
O鈥機onnor鈥檚 lawsuit focuses on how the city responded to his opposition to Redfearn鈥檚 appointment, both before and after the hiring was finalized.
In July 2024, members of NAACP Boulder County met privately with city officials to hash out their concerns. According to the city, officials later learned the meeting had been recorded and that some participants intended to release a transcript if Redfearn was promoted. The city said attendees had signed an agreement not to publicly disclose details of the meeting.
After learning of the recording, a city attorney referred the matter to the Boulder County District Attorney鈥檚 Office, alleging a breach of confidentiality, according to a spokesperson for the District Attorney鈥檚 Office. The office reviewed the referral but found no legal basis to pursue criminal charges.
Just days before announcing Redfearn鈥檚 appointment in September, Rivera-Vandermyde with the national NAACP, accusing three local executive committee members 鈥� including O鈥機onnor 鈥� of unethical conduct.
In October, the local branch issued a public statement condemning the city鈥檚 decision to promote Redfearn to police chief and released a partial transcript of the recorded meeting. That same month, Redfearn filed a complaint with the Office of Attorney Regulation Counsel, which oversees licenses to practice law, accusing O鈥機onnor of violating confidentiality and engaging in unethical behavior. The case was later closed with no finding of wrongdoing, according to the lawsuit. O鈥機onnor is a licensed lawyer.
In his lawsuit, O鈥機onnor alleges these actions were part of a coordinated effort to silence and retaliate against him for speaking out, among other allegations. The lawsuit names the police chief, city manager and the City of Boulder. He is seeking financial damages and a court ruling against the city.
The City of Boulder typically declines to comment on active lawsuits.
鈥淲e will share our perspective and specific responses with the court 鈥� and our community 鈥� through our legal filings and any court proceedings related to this claim,鈥� Sarah Huntley, a spokeswoman for the city, said in a statement to Boulder Reporting Lab.
The lawsuit comes amid escalating tensions between the national NAACP and the local branch. After the City of Boulder filed a complaint with the national organization in September, the NAACP appointed an administrator to oversee the Boulder branch and later issued cease-and-desist letters instructing local members to stop making 鈥渦nsubstantiated and inflammatory statements鈥� about Redfearn, the Boulder Police Department and Rivera-Vandermyde.
O鈥機onnor was suspended from the chapter after writing a guest column criticizing the.
Last month, the executive committee of the NAACP Boulder County announced it was the branch. The national NAACP responded by saying the group lacked the authority to do so and is . The future of the branch 鈥� or any new civil rights advocacy group in Boulder 鈥� remains uncertain.
The Boulder branch has previously played a key role in shaping city policy, including the formation of , which was established after an officer drew a gun on a Black college student picking up trash outside his home.
John Herrick is a reporter for The Boulder Reporting Lab. His work frequently appears on-air at KUNC 91.5 FM and online at KUNC.org. Contact John at john@boulderreportinglab.org.