Brett Lilly’s Practice Focuses on Appeals
Brett Lilly has several years of litigation experience in federal and state courts. Brett also served as a judicial clerk for a Colorado Supreme Court Justice and three District Court Judges.
Brett understands litigation and appeals from both the appellate and trial court perspective. Let him help with your appeal or with drafting or responding to complex motions.
Recently, Brett litigated Greer v. Dowling, 947 F.3d 1297 (10th Cir. 2020). Mr. Greer filed suit alleging he was wrongfully suspended from his religious kosher diet. The district court entered final judgment in favor of the defendants, and Mr. Greer appealed. On appeal, Mr. Greer challenged the district court’s grant of summary judgment to the defendants on some causes of action based on the failure to exhaust administrative remedies, and Mr. Greer challenged the district court’s dismissal of other causes of action for failure to state a claim. The Tenth Circuit determined the district court correctly held Mr. Greer had exhausted his administrative remedies through a grievance addressing the suspension of his kosher religious diet as violating his constitutional rights. The Tenth Circuit found that this grievance encompassed Mr. Greer’s causes of action based on the Religious Land Use and Institutionalized Persons Act and the First Amendment. The Tenth Circuit concluded that because Mr. Greer was unrepresented, his grievance must be liberally construed, and thus the district court should not have granted summary judgment for a failure to exhaust the two causes of action under the Religious Land Use and Institutionalized Persons Act and the First Amendment. Accordingly, the judgment of the district court was reversed in part and affirmed in part.
Brett has litigated many civil appeals, including the following published cases:
Brett published Intentional Interference with Contractual Relations in Colorado, 54 The Colorado Lawyer 65 (July, 2016).
In addition to the Colorado Court of Appeals, Brett has successfully litigated in the United States Supreme Court, the 10th Circuit Court of Appeals, the Supreme Court of the State of Colorado.
||United States Supreme Court
Brett has litigated many civil rights and election law cases, including the following published cases from the United States Supreme Court:
||Supreme Court of the State of Colorado
Brett has also litigated significant election law and open records cases in the Supreme Court of the State of Colorado: