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By Melanie Asmar, Chalkbeat
The family of a 16-year-old student who was shot and killed outside Denver’s East High School in 2023 has dropped a wrongful death lawsuit against Denver Public Schools.
The Colorado Court of Appeals dismissed the lawsuit Friday, a court order shows. DPS and the student’s family agreed to the dismissal, according to court documents. The documents do not give a reason. Each side will pay its own legal fees, the documents say.
An attorney for the family said he could not comment Friday. Denver Public Schools said in a statement that the district remains saddened by the death of the student, Luis Garcia.
“We respect the judicial process and the court’s decision to dismiss the appeal, marking the conclusion of this legal matter,” the school district’s statement said.
No one has been charged in connection with Luis’ death. The Denver Police Department said Friday that there are no updates in the case.
In their lawsuit, Luis’ family alleged that a juvenile male, identified only by a pseudonym, shot and killed Luis. The lawsuit alleged the juvenile male stole a white Kia Sportage, ran a red light near East High, drove the Kia “on a direct path straight to Luis,” and opened fire.
Luis was a junior at East and a talented player on the varsity soccer team when he was shot in February 2023 after dropping his cousin off at the school. Luis died of his injuries about two weeks later. His family sued DPS, East High, and the Denver school board in 2024.
They alleged that DPS “subverted and weakened” the security at East after the school board removed armed police officers from DPS schools in 2020, which the family said allowed “potential shooters to believe they would be able to execute an attack.”
Under a state law known as the Claire Davis School Safety Act, districts can be held liable for acts of violence at school if they fail to exercise “reasonable care” to protect students and staff.
But in 2025, a Denver District Court judge ruled that DPS was not liable for Luis’ death because his car was parked on a public street when he was shot.
Luis’ car was parked “where City Park Esplanade intersects East 17th Avenue, where both roads are used for the purpose of public transportation,” Judge Kandace C. Gerdes wrote. “The Court is not persuaded that these roads are ‘within the school facilities’ of East’s Property.”
Luis’ family appealed the ruling but has now agreed to dismiss that appeal.
DPS returned school resource officers to its schools in 2023 after Luis’ death and a separate shooting inside East High a month later. Two former East deans who were injured in that shooting are suing DPS as well. Those lawsuits are ongoing.
Melanie Asmar is the bureau chief for Chalkbeat Colorado. Contact Melanie at [email protected].
