1:25-cv-02248
D. Colo.Sep 9, 2025Background
- Minor child Amarii Murphy was declared brain dead under Colo. Rev. Stat. § 12-240-140 on August 21, 2025; Children’s Hospital of Colorado gave notice it would discontinue life support on September 11, 2025.
- Mother, Alysia Murphy (pro se), filed an emergency petition and ex parte motion for a temporary restraining order (TRO) in El Paso County seeking to block removal of life support.
- The court granted the ex parte TRO despite the petition not being verified or supported by affidavit, citing the catastrophic stakes and concluding the petition should be treated as verified.
- The court found petitioner demonstrated a reasonable probability of success on the merits (challenging the statutory standard as outdated), imminent irreparable injury (risk of death), lack of an adequate legal remedy, public interest and equities favoring relief, and that a TRO would preserve the status quo.
- The court enjoined Children’s Hospital from terminating life support and set an expedited hearing for September 17, 2025 to address venue, petitioner’s standing/custody, Rathke injunction factors, and constitutional challenges to CRS 12-240-140; petitioner was ordered to notify the Colorado Attorney General and effect immediate service on the hospital.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality / vagueness of statute defining death (CRS 12-240-140) | Murphy: statute is outdated given modern imaging; standard is vague and violates due process | CHCO: (implicit) relied on statute and statutory declaration of brain death to withdraw life support | Court: TRO granted to allow adjudication of constitutional challenge; petitioner showed reasonable probability of success on merits |
| Imminent irreparable harm (risk of death if life support removed) | Murphy: removal of ventilation will cause immediate, irreparable death of the child | CHCO: (implicit) discontinuation is lawful following statutory declaration of death | Court: Found danger of real, immediate, and irreparable injury; injunction necessary |
| Probability of success on merits for injunctive relief | Murphy: merits supported by challenge to the statutory standard and observable "signs of life" | CHCO: (implicit) statutory scheme justifies clinical determination and discontinuation | Court: Concluded petitioner demonstrated a reasonable probability of success |
| Venue / jurisdiction and petitioner’s standing (custody) | Murphy: filed in El Paso County where she and child reside; asserts decisionmaker status as parent | CHCO: (implicit) prior juvenile proceedings in Denver may affect venue/authority | Court: TRO issued but hearing set to determine proper venue, jurisdiction, and standing |
Key Cases Cited
- Rathke v. MacFarlane, 648 P.2d 648 (Colo. 1982) (preliminary-injunction standard in Colorado)
- Wakabayashi v. Tooley, 648 P.2d 655 (Colo. 1982) (injunction principles)
- Am. Television & Communications Corp. v. Manning, 651 P.2d 440 (Colo. App. 1982) (preliminary relief considerations)
- Iowa Nat. Mut. Ins. Co. v. Cent. Mortg. & Inv., 708 P.2d 480 (Colo. App. 1985) (equitable relief factors)
- Bloom v. NCAA, 93 P.3d 621 (Colo. App. 2004) (injunction standard and public-interest analysis)
- Gitlitz v. Bellock, 171 P.3d 1274 (Colo. App. 2007) (preliminary injunction analysis)