How Sarah Schielke Is Redefining Civil Rights Litigation in the Digital Age?

President John F. Kennedy memorably said[2] , “Change is the law of life. And those who look only to the past or the present are certain to miss the future.” And when laws have to change, it’s civil rights attorneys like Sarah Schielke who ensure rights are upheld — for all.

With a unique take that combines legal expertise, media savvy, and a commitment to systemic change, Schielke is not just winning cases; she’s reshaping how civil rights cases are approached and won.

“With the civil rights work, and especially the way I do it with bringing immediate public attention to each case, it’s an opportunity to make a much bigger difference, one case at a time,” Schielke explains. This philosophy underpins her innovative methods that are transforming the field of civil rights law.

Leveraging Media and Technology

At the heart of Sarah Schielke’s strategy is her bold use of media and technology, including officers’ body camera footage, to expose and bring public attention to cases of police misconduct. “When police abuse their power, swift public exposure is critical. So early on, my thought was that I would create a YouTube channel for my cases’ bodycam videos. I’d file the lawsuit with the videos integrated as exhibits, and I’d post the videos to my Youtube channel at the same time,” Schielke reveals. “The videos are public records, of course. But I make them more public. Public outrage moves very quickly to hold bad cops accountable – so much faster than our civil litigation justice system ever could.” 

This paid off dramatically in the heartbreaking case of Karen[3]  Garner, a 73-year-old woman with dementia who was forcefully arrested by Loveland Police Department officers (Colorado) and subjected to a horrific assault in which her shoulder was broken. Schielke’s release of the body cam footage, along with her obtaining and releasing two weeks later another video from the booking area inside the police station showing the officers laughing about the incident, led to national outrage and swift action against the officers involved. Three officers were fired and two were criminally charged, with one being sentenced to 8 years in prison. “Now, sending a bad cop to prison?” Schielke says, “that was bucket list stuff for me right there. Real consequences and real change I will forever be proud of.” 

Schielke’s approach extends beyond the courtroom and into settlements and negotiations. She challenges common practices in civil rights cases, particularly her rejection of fear-based decision-making. “I don’t do anything fear-based in my practice. It doesn’t produce good outcomes,” she asserts. “And it certainly doesn’t produce the big impactful outcomes that drive meaningful police accountability forward.” She adds, “people think I’m crazy to go after cops. Cops have guns and a lot of power. But I’m not going to not do what’s right because I’m afraid of what they might do. It’s not who I am.” 

Schielke is also working to dispel misconceptions about who pays for settlements in police misconduct cases. “There’s a common misconception that taxpayers pay for settlements in police misconduct lawsuits. This false narrative benefits bad cops. It makes citizens think less of full justice to my clients who have been hurt by police due to the risk of the wrong group being held accountable for it. But,” she explains, “the taxpayers are almost  never paying for these settlements. Insurance companies do. That’s what insurance is for. Sadly, everybody letting this narrative circulate for so long, has created yet another obstacle to community members giving prompt reparations that are owed to their fellow community members.” 

Sarah Schielke: A Focus on Systemic Change

While individual cases are important, Schielke’s ultimate goal is systemic change in law enforcement practices. She’s particularly focused on addressing the perverse incentives that can lead to police misconduct.

“There’s agencies getting grant money, there’s officers getting awards and trophies, there’s all of these perverse incentives that are set up that incentivize arresting people for DUIs without a care in the world for whether those people turn out to be innocent,” Sarah Schielke explains. 

Her[4]  efforts are already showing results. In response to multiple wrongful DUI arrest lawsuits filed by Schielke, Fort Collins Police Services has claimed to have changed their policies to require automatic review of cases where a driver arrested for DUI has a blood test come back negative for drugs or alcohol.

Protecting Vulnerable Populations 

Schielke’s work is particularly crucial for vulnerable populations. “It’s disabled people and poor people,” she observes. “Those are the main groups that have the most police contacts just by virtue of how most police agencies, do policing and the ones that they’re most likely to engage in these civil rights violations.” 

By challenging the system that allows arrests based on deviation from “normal” behavior, Schielke is protecting not just her clients but anyone who might not fit the narrow definition of “typical” that some law enforcement officers apply.

“It’s people who are disabled, people who are elderly, people who have mental health issues,” says[5]  Schielke.

“When police are allowed to arrest you for DUI, because you don’t match what is a ‘normal’ person, it is going to destroy the lives of people who aren’t just like a meat-and-potatoes, normal-seeming healthy white person.

And what’s crazy is that with some of these cops, you can actually be all those normal-seeming things and they’ll still, if they have need or incentive to make the arrest that night, they’ll make it. Why? Because there’s no consequences to them for a bad DUI arrest. That is unacceptable to me.” 

Schielke’s audacious strategy is not only about winning cases, but also about inspiring other attorneys. She regularly receives messages from colleagues thanking her for her advocacy and letting her know that they were able to use her complaints as templates for their own cases. 

“I get emails or little calls every once in a while and they’re like, ‘Hey, I just want you to know that I really appreciate what you’re doing out there. I went and found your complaint, the lawsuit complaint for your wrongful DUI, and I was able to use your work to get justice for my own client,'” she shares[6] .

The Broader Impact of Sarah Schielke’s Work

Ultimately, Sarah Schielke hopes to see a fundamental shift in how police departments approach their work. “I think if you’re a police officer, arresting an innocent person should be the most terrifying prospect and the most catastrophic outcome you could ever be responsible for,” Schielke states[7] .

“I want a police agency to think when they see an undetected result come in on an officer’s DUI arrest that that is an all-hands-on-deck event where you pull up the video and you examine what was wrong with training or where the mistakes were made, and you admit that you made mistakes. And the only way that’s ever going to happen, clearly, is, if these people know that Sarah Schielke’s going to be coming for them if they don’t.”