Author: Michael Karlik
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Federal judge green-lights excessive force, retaliation claims for trial against Fort Collins officers
A federal judge green-lit a jury trial last week against multiple Fort Collins police officers on claims that they used excessive force on one man who was standing unarmed in his underwear, and retaliated against another man for exercising his First Amendment right to record video. Several Fort Collins police officers converged late one night…
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10th Circuit revives wage violation lawsuit against Papa John’s operator
The Denver-based federal appeals court on Tuesday reinstated a former Papa John’s delivery driver’s lawsuit alleging violations of federal and state wage law. Steve Mighell worked for one month at a Denver Papa John’s location in summer 2023. He alleged that, accounting for his unreimbursed vehicle expenses, his employer paid him less than the federal…
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Colorado appeals judge’s delays in releasing opinions noted by performance commission
The citizen-led performance commission that provides guidance to voters about whether to retain members of Colorado’s second-highest court raised concerns by judges and attorneys that Judge Elizabeth L. Harris sometimes struggles with releasing opinions promptly. Harris, who joined the Court of Appeals in 2015 and who will appear alongside five other appellate judges on the…
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Colorado judge explores sanctions against DOJ, ICE for rearresting man 4 days after release on bond
A federal judge in Colorado is considering sanctions against the government after immigration agents rearrested a man four days after an immigration judge found him suitable for release on bond. On July 28, U.S. Magistrate Judge N. Reid Neureiter ordered the release of Feliciano Paulino Soares after U.S. Immigration and Customs Enforcement arrested him in…
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Divided disciplinary panel censures Montezuma County judge after agreement reached
A disciplinary panel formally imposed a public censure, suspension, and further training on Montezuma County Court Judge Ian J. MacLaren on Tuesday by a 2-1 vote. Under constitutional Amendment H, which voters adopted in November 2024, MacLaren was set to be the first judge to face an adjudicative trial this month under the revamped framework…
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Colorado’s Western Slope magistrate judges describe unique role in federal judiciary
Two of Colorado’s federal judges stationed on the Western Slope spoke to lawyers on Wednesday about their unique roles, the ways their workloads differ, and the need for more criminal defense lawyers to take cases outside the Front Range. “Here in Durango, in the area that I cover, we have two Indian reservations. And all…
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Federal judge rules that request for bond hearing not necessary to challenge immigration detention
A federal judge in Colorado ruled last week that it is not mandatory for a person to seek a bond hearing with an immigration judge before they challenge the lawfulness of their detention in federal court. For the past year, Colorado’s U.S. District Court has faced a flood of “habeas corpus” petitions from those in immigration detention.…
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Federal judge dismisses ex-Colorado judicial discipline director’s conspiracy lawsuit
A federal judge dismissed a lawsuit from Colorado’s former judicial discipline director on Tuesday, finding that he failed to adequately state claims for conspiracy or constitutional violations. Christopher S.P. Gregory, who served as the executive director of the Colorado Commission on Judicial Discipline between 2022 and 2024, sought reinstatement to his former position, monetary damages, and the…
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Federal judge allows retaliation claims to proceed against prison officials
A federal judge agreed last week that a man incarcerated at Sterling Correctional Facility had credibly alleged that employees retaliated against him for filing grievances, including by taking away his disability accommodations and turning off his electricity. Louis Peoples Jr., 72, has visual and mobility impairments, plus a heart condition, diabetes, and susceptibility to seizures.…
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Adams County water district may proceed with cost-recovery lawsuit against Denver for contamination
A federal judge rejected Denver’s arguments last week for pausing or dismissing a lawsuit brought by an Adams County special district seeking to recover its costs for addressing water contamination as a result of Denver firefighting activities. In January, the South Adams County Water and Sanitation District, which serves around 75,000 people in Commerce City…