The Colorado State Patrol recently agreed to settle a civil complaint filed on behalf of a man who criticized the agency on one of its social media platforms.
That man, 45-year-old Jerod Zaczkowski of Aurora, received $50,000 as part of the settlement.
Zaczkowski, as described in the complaint that was filed in January, had several comments deleted from CSP’s Facebook page and was eventually banned in January 2025 from posting further comments.
Zaczkowski criticized CSP troopers in one comment by calling them “Oath breaking tyrant Nazi cucks,” as stated in the complaint.
A trooper who works as a Public Information Officer for CSP and monitors the agency’s Facebook page reportedly deleted the comment and several others, according to the complaint, before blocking Zaczkowski from the page.
Both the actions violated Zaczkowski’s constitutional rights to free speech, argued Zaczkowski’s attorney, Andy McNulty, in the complaint. McNulty made a distinction between a personal Facebook “profile” made by citizens who have some control over who sees their posts and over the interactions and comments made on those posts. On the other hand, McNulty stated, a Facebook “page” created by a public government, agency, or official is accessible to anyone on the platform, and anyone can make comments on the posts therein.
“The CSP Facebook page functions as a digital town hall in which CSP communicates official news and information to the public,” McNulty stated in the complaint, “and members of the public comment on that news and information to both respond to CSP and to exchange views with other members of the public. It is an important place for discussion and debate about government policy.”
The settlement was reached May 12.
Another requirement of the settlement: CSP must align its social media policies to those of the Colorado Department of Public Safety’s policy, and train every member of its Public Affairs Section once a year on that policy.
“What happened to Jerod Zaczkowski is intolerable in a democratic society. The State Patrol censored a critic online because it didn’t like what he was saying. In a time where the slow creep of authoritarianism is happening at every level of government, we must push back and say we will not accept censorship,” McNulty stated in a press release distributed last week. “This settlement secures some semblance of accountability for Jerod and forces CSP to take real steps to make sure this does not happen to another Coloradan. We will continue to hold the Colorado State Patrol, and every other government agency in this state, accountable when they retaliate against the people of Colorado for speaking truth to power.”
As part of the settlement, the state patrol was permitted to avoid further litigation in the matter and did not admit to any liability or wrongdoing.
However, CSP Trooper Gabriel Moltrer, in a statement sent to CBS Colorado, wrote, “We made mistakes in the handling of our social media page and have taken steps to ensure these mistakes don’t happen again.”
Moltrer was named in the complaint as the Public Information Officer who deleted Zaczkowski’s comments and banned him.
McNulty has recently represented other clients who have won similar awards against public agencies.
In March, the Town of Kersey agreed to pay a non-resident, Jered Morgan, $45,000 to settle similar claims. Following media reports about the Kersey’s new photo radar program, Morgan posted comments on the Town’s Facebook posts in November 2025 which were critical of the town’s program, and its police chief, Jonathan Lange, and his wife.
“In response to the firestorm caused by these (photo radar) actions,” McNulty wrote in that complaint, “Kersey actively sought to silence its critics online. Morgan was among those critics. Not only was Morgan a critic, but he had discovered information that was extremely damaging to the Kersey official responsible for the photo radar scheme, Chief of Police Jonathan Lange. Morgan discovered that Chief Lange’s wife was posting propaganda online in a local Facebook group defending Kersey’s actions under a fake name (Jenny Jones). Chief Lange’s wife, posting under the fake name, claimed to be an attorney, when she was not an attorney.”
The Town’s Community Engagement Specialist, Kaylee Damrell, deleted Morgan’s comments and blocked him, per the complaint filed in January. McNulty stated in the complaint that Damrell was acting in accordance with town policy when she deleted the comments and banned Morgan.
The Town of Kersey released a statement to CBS Colorado following the settlement:
“The matter stemmed from the blocking of a user account and/or removal of comments from the Town’s social media page. These actions were not taken with malice or with the intent of limiting public discourse. Rather, Town staff acted in accordance with the Town’s social media guidelines and with a focus on maintaining a safe and respectful online environment.
At the time, the account in question could not be clearly identified and was believed to potentially be an individual who had previously been subject to a restraining order for the harassment of a Town employee. Given those circumstances, staff acted cautiously, following established procedures and prioritizing the safety of Town personnel.
While the Town continues to believe its actions were taken in good faith, we also recognize that the legal landscape surrounding public agency use of social media is evolving. As part of the resolution, the Town has agreed to review its current practices, participate in additional annual training, and update its social media policy to ensure alignment with current state and federal laws.
The Town of Kersey remains committed to transparency, respectful public engagement, and the well-being of both residents and staff. We view this as an opportunity to strengthen our policies and continue improving how we serve our community.”
According to media reports, McNulty also negotiated a $65,000 settlement in 2022 for a client whose comments were deleted from Facebook pages operated by the City of Woodland Park and its police department. That client, 50-year-old Delbert Sgaggio of Colorado Springs, was also banned from those public pages. Sgaggio reportedly made critical comments about a police raid conducted by the Woodland Park Police Department.
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