Colorado Department of Labor and Employment, Division of Workers' C — Samour, J., Concurring in Part and Dissenting…

Summary

Justice Samour agreed that the Excessive Fines Clause protects Dami but disagreed with evaluating only the statutory per diem amount rather than the aggregate retroactive fine imposed. He would assess whether the total fine of $841,200 was constitutionally disproportionate because that was the actual one-time penalty imposed after the Director's delay. He would reverse the court of appeals and remand for further proceedings consistent with that approach.