Former Douglas County undersheriff settles retaliation lawsuit for $1.75 million

The former Douglas County undersheriff who sued then-Sheriff Tony Spurlock over workplace retaliation settled her lawsuit for $1.75 million on Thursday, according to her attorneys and court records.

Holly Kluth sued Spurlock and Douglas County in 2021 on the grounds that Spurlock demoted and then fired her in retaliation after she spoke out against his politics.

“Law enforcement officers like Ms. Kluth retain their First Amendment rights to share their political views and to run for office,” Kluth’s attorneys at Denver law firm Rathod Mohamedbhai wrote in a Friday news release. “They must be able to do so without fear of retaliation.”

Kluth worked at the sheriff’s office for 32 years, rising to the rank of undersheriff, before Spurlock fired her in May 2021.

After Kluth publicly distanced herself from Spurlock, he opened an internal affairs investigation into her and demoted her from undersheriff to captain in late 2020, decreasing her annual salary by $17,000, the lawsuit says.

After she announced she was running for sheriff in February 2021 — to replace Spurlock, who was term-limited — Spurlock transferred Kluth to “a less desirable position” in detentions and supported a different candidate for sheriff, according to the lawsuit.

Spurlock fired Kluth in May 2021, and at the time told Kluth she was “not living up to my mission, vision and values,” according to the lawsuit. Kluth alleged that reason was a pretext for unlawful retaliation.

Kluth placed third in the 2022 Republican primary for Douglas County sheriff.

Spurlock did not immediately return a request for comment Friday.

The settlement is not an admission of wrongdoing, Douglas County Attorney Jeffrey Garcia said in a statement Friday.

“At the direction of our outside counsel and our insurance company, Douglas County agreed to settle this matter, including the denial of any wrongdoing and the settlement amount being paid by our insurance company,” he said in the statement.

Kluth’s attorneys on Friday heralded the large settlement as evidence that her claims of workplace retaliation were valid.

“This settlement sends a loud message to law enforcement leaders across the country that persons in power cannot use the power and influence of their office to retaliate against those who hold differing political views,” attorney Matthew Cron said in the news release.

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