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10th Circuit reinstates Colorado woman’s discrimination lawsuit based on SCOTUS ruling
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The Denver-based federal appeals court revived a Westminster woman’s lawsuit against her former employer on Monday, noting a recent U.S. Supreme Court decision lowered the hurdle for proving employment discrimination. Bethany Scheer sued under the Americans with Disabilities Act and the related Rehabilitation Act, alleging her employer perceived her as disabled, mandated that she attend…
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‘I have to over-prepare’: Judges, lawyers speak about effects of disability on their work
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Two judges spoke to members of Colorado’s legal community last week about the ways their disabilities have affected how they operate in the courtroom, and urged lawyers to be mindful about the duty to make accommodations in the justice system. “I had a juror recently, when asked the question ‘Do you have a disability that…
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Federal judge declines to dismiss disabled woman’s lawsuit against Elbert County
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A federal judge rejected Elbert County’s attempt to dismiss a disability rights lawsuit against it earlier this month, after a woman alleged she sustained further injuries after being forced to walk home 8.8 miles from the jail overnight. Amy McCraken has a prosthetic limb from a prior leg amputation. She alleged a sheriff’s deputy stopped…
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Federal judge agrees state’s ‘intercept’ of man’s $3.5 million jury award was proper
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A federal judge agreed last month that Colorado acted properly by not paying a man directly for violating his rights, but instead crediting the jury’s multimillion-dollar award toward the crime victim restitution he still owed in his criminal case. Addressing an unusual question, U.S. District Court Judge S. Kato Crews determined it was permissible for…
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Federal judge sides with CU in former student’s retaliation lawsuit
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A federal judge concluded last month that a former University of Colorado medical student failed to establish the school unlawfully retaliated against her, as the evidence instead showed faculty raised numerous concerns about her conduct over the years. Mindy Szeto was enrolled in CU’s School of Medicine between 2014 and 2020, through a program combining…
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Federal judge green-lights former inmate’s disability discrimination claim for trial
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A federal judge last month agreed a jury would decide whether the Colorado Department of Corrections intentionally discriminated against an incarcerated man by imposing restrictions on him after he failed to report to work because of his disability. However, U.S. District Court Judge Nina Y. Wang observed plaintiff Charles Williams is not entitled to most…
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Appeals court warns against questioning service animals’ status based on ‘suspicions’
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Colorado’s second-highest court on Thursday warned that public entities may not ask a disabled person to provide more information about their service animal than what federal regulations allow, regardless of whether they harbor “legitimate suspicions” about the animal’s status. A three-judge panel for the Court of Appeals determined it was a “close call” whether Dustin…
