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Board votes to defend former sheriff in U.S. Supreme Court petition and approves $310,000 settlement in federal lawsuit over Profile Rock Bridge removal
Summary
After an executive session, the Larimer County commissioners authorized county counsel to defend and indemnify former Sheriff Justin Smith in a U.S. Supreme Court matter (No. 25‑11) and approved a $310,000 settlement to resolve a federal lawsuit (23‑cv‑02051) alleging damages from the county’s removal of Profile Rock Bridge following 2021 flood.
The Larimer County Board of County Commissioners voted July 22 to authorize county representation for Justin Smith, in his former role as Larimer County sheriff, in a United States Supreme Court matter (case No. 25‑11). Deputy County Attorney David Averitt told the board the underlying litigation originated in Pennsylvania and involves multiple defendants; the county’s potential role relates to a claim connected to a denied concealed‑handgun permit and related matters. The board voted 3‑0 to defend and indemnify the former sheriff.
Following executive session, County Attorney Bill Rizzo presented a proposed settlement in a federal lawsuit tied to the county’s removal of the Profile Rock Bridge after the Black Hollow/Black Hole flooding in 2021. The settlement resolves one of two related lawsuits filed by a property owner identified in court filings as “Astrid.” Under the proposed agreement — which Rizzo said had already been signed by the plaintiff — Larimer County would make a one‑time payment of $310,000 to resolve the claim; the agreement includes standard releases and a statement that settlement is not an admission of liability.
Commissioner Jody Shattuck McNally moved to authorize indemnification and defense of the former sheriff in the Supreme Court matter; the motion passed 3‑0. Commissioner Cavallos moved to approve the settlement agreement in the Astrid federal case; that motion also passed 3‑0, and the chair was authorized to sign the agreement.
Clarifying details: the Supreme Court matter is captioned Margaret M. Fitzgerald v. Michael Knabb et al., U.S. Supreme Court No. 25‑11 (petition for certiorari); the federal lawsuit resolved by settlement is United States District Court case No. 23‑cv‑02051 (Astrid v. Board of County Commissioners of Larimer County, Colorado). The settlement agreement states payment is not an admission of wrongdoing.
