Club Q Deadly Mass Shooting Civil Lawsuit Tenth Circuit Oral Argument

Attorneys for Victims Detail “State-Created Danger”

DENVER, CO (May 12, 2026) – The ongoing civil case stemming from the deadly mass shooting at Club Q, an LGBTQIA+ nightclub in Colorado Springs, Colorado, continued today with an oral argument before the United States Court of Appeals for the Tenth Circuit, sitting in Denver. The legal team from Romanucci & Blandin represents victims and loved ones of those who were killed in the senseless tragedy at Club Q on November 19, 2022. The gunman brought terror and trauma to what should have been a safe space for its clientele.

Previously, Romanucci & Blandin filed a civil lawsuit in the United States District Court for the District of Colorado against government officials and Club Q for their respective roles in the preventable mass shooting that claimed the lives of five people and injured twenty-five others.

The victims and their families are represented by the Chicago-based national trial law firm Romanucci & Blandin, LLC, including Founding Partner Antonio M. Romanucci, Partner Sarah M. Raisch and Senior Attorney Patrick A. Huber. Romanucci & Blandin is honored to advocate for victims of mass shootings, including those at Robb Elementary School in Uvalde, Texas; the Fourth of July Parade in Highland Park, Illinois; Old National Bank in Louisville, Kentucky; the Route 91 Harvest Festival in Las Vegas, Nevada; the Pulse Nightclub in Orlando, Florida; and other tragedies.

During oral argument on May 12, 2026, Senior Attorney Patrick A. Huber argued before the Court that:

• El Paso County officials created and maintained a “state-created danger” under 42 U.S.C. Section 1983 by effectively prohibiting their deputies from invoking Colorado’s Red Flag Law, which temporarily removes firearms from people who pose a known threat of violence. That prohibition remained in place even after the Club Q shooter had come to law enforcement’s attention a year before with explicit threats to become “the next mass killer.”
• Plaintiffs also alleged operational negligence—years of failure at Club Q in security planning, staffing, training, and emergency response – were a substantial contributing cause of the harm.

“The state-created danger doctrine is a deeply rooted part of § 1983 jurisprudence. For decades, this Court and nearly every circuit have recognized the same basic constitutional principle: while the government ordinarily has no duty to protect the public from private violence, it cannot use power to make people more vulnerable to that violence. Plaintiffs plausibly allege exactly that here,” said Senior Attorney Patrick A. Huber, Romanucci & Blandin. “This case turns on a basic distinction that runs through this Court’s cases: the difference between failure-to-protect cases, which are not actionable, and interference-with-protection cases, which are. Colorado created a tool to temporarily take guns away from people who pose a serious threat of violence: the Red Flag Law. This case is about government officials cutting off protection Colorado had made available, increasing vulnerability to foreseeable victims. That is the constitutional line Plaintiffs ask this Court to enforce.”

A ruling on today’s arguments will be forthcoming.

Civil Complaint Background

The civil complaint was filed November 18, 2024, in the U.S. District Court for the District of Colorado on behalf of plaintiffs: Adriana Vance on behalf of Raymond Green, deceased, Tanya Beal on behalf of Kelly Loving, deceased, Julia Rump on behalf of Derrick Rump, deceased, John Arcediano, Jancarlos Del Valle, Ashtin Gamblin, Jerecho Loveall, Anthony Malburg, Charlene Slaugh, James Slaugh, Brianna Winningham.

Defendants named in the lawsuit are: G.I.G., Inc. d/b/a Club Q, Club Q, LLC, d/b/a Club Q, 3430 N. Academy, LLC, club co-owners Matthew Haynes, Kenneth Romines, Nicholas Grzecka, shooter Anderson Aldrich, El Paso County, El Paso County Board of Commissioners, and El Paso County Sheriff Bill Elder, in his personal capacity.

About Romanucci & Blandin, LLC

Romanucci & Blandin is a Chicago-based national trial practice committed to fighting for victims of negligence, abuse and wrongful death. For nearly 30 years, we have secured more than $1 billion in verdicts and settlements for our clients - many for millions of dollars and others record-setting awards. Our experience ranges from mass shootings, civil rights and police misconduct to medical malpractice, sexual abuse, motor vehicle accidents or workplace injury cases involving individual or institutional negligence. Romanucci & Blandin is a valuable legal resource to individuals and groups of people who have been injured by others’ wrongdoing. Referring attorneys and clients say several factors differentiate our firm: Our record of success, depth of experience, talented and dedicated legal team, tireless preparation and strategic use of communications to fight for the rights of those whose lives have been changed forever. We are different from other personal injury firms in that our work does not stop when a verdict or settlement is secured. We are often inspired by our clients’ experiences and commit resources to create change in our communities. For more information about Romanucci & Blandin, please visit www.rblaw.net or call (312) 458-1000.