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Stuart Stuller

Special Counsel

Stuart Stuller’s practice emphasizes appellate practice, litigation, constitutional law, employment discrimination, and education law. He regularly appears before both state and federal appellate courts and has played a substantial role in more than thirty cases that resulted in published decisions. His advocacy has helped established controlling precedents in First Amendment law, Fourth Amendment law, peer sexual harassment, teacher dismissal procedures and state constitutional law.

Stuart hails from Milwaukee, Wisconsin. Prior to joining Caplan & Earnest, Stuart served as a law clerk for the Honorable Judge Jim R. Carrigan of the U.S. District Court for the District of Colorado and had a successful career as a freelance writer, publishing articles in national magazines, including Outside, Sports Illustrated and Atlantic Monthly.

Stuart remains active in a variety of outdoor sports including backcountry skiing, mountain biking, rock climbing and whitewater boating. Recently, he took a solo 110-mile hike through the Sierra Nevada mountains.


  • University of Colorado School of Law, J.D.
    Law Review, Articles Editor
  • University of Wisconsin-La Crosse, B.A.
    With Honors

Admittances & Licenses

  • Colorado
  • U.S. District Court for the District of Colorado
  • Tenth Circuit Court of Appeals
  • U.S. Supreme Court

Professional Credentials & Activities

  • Colorado Council of School Attorneys, Former Chairman

Past Experience

  • U.S. District Court for the District of Colorado, Hon. Jim R. Carrigan, Law Clerk
  • Law Clerk for Attorney Jean. E. Dubofsky

Published Decisions

  • Colorado Medical Soc. v. Hickenlooper, 349 P.3d 1133 (Colo. 2015), (establishing whether Colorado law requires registered nurse anesthetists to practice under the supervision of physician).
  • Young v. Brighton School District 27J, 325 P.3d 571 (Colo. 2014) (establishing parameters on exceptions to Colorado Governmental Immunity Act)
  • Genova v. Banner Health, 734 F.3d 1095 (10th Cir. 2013) (establishing parameters for health care organizations subject to the Emergency Medical Treatment and Active Labor Act, or EMTALA)
  • Ebonie S. v. Pueblo School Dist. 60, 695 F.3d 1051 (10th Cir. 2013) (establishing applicability of Fourth Amendment’s prohibition against unreasonable seizures in the context of public education)
  • Corder v. Lewis Palmer School Dist. No. 38, 566 F.3d 1219 (10th Cir. 2009) (addressing applicability of First Amendment to school administrators’ supervision of student graduation remarks)
  • Thompson R2-J School Dist. v. Luke P., 540 F.3d 1143 (10th Cir. 2008) (establishing school district requirements under Individuals with Disabilities Education Act)
  • Fleming v. Jefferson County School Dist. R-1, 298 F.3d 918 (application of First Amendment’s religion and speech clauses to community expression in school-sponsored speech)
  • Castaldo v. Stone, 191 F.Supp.2d 1196 (D. Colo. 2002) (successfully defended educators sued in aftermath of attack on Columbine High School)

Published Works

  • “High School Academic Freedom: The Evolution of a Fish Out of Water”, 77 Neb. L. Rev. 301, 1998
  • “Hate Speech and the Public Schools”, School Law in Review, 2000
  • “The Conundrum of Academic Freedom”, Inquiry and Analysis, June, 1998

Seminars & Presentations

  • Lectures on Education Law and Constitutional Issues, State and National Attorney Conventions

Honors & Awards

  • Colorado Super Lawyers, 2006, 2012-2022
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