adx
-
Secret orders, requests for recusal bog down Colorado’s death penalty prosecution
Colorado’s only criminal case in which federal prosecutors are actively pursuing the death penalty has taken unusual turns in recent weeks, with defense attorneys continuing to challenge the judge’s ability to hear the case and the judge issuing orders not available for public viewing. Ishmael Petty stands accused of killing a fellow inmate at the…
-
Federal judge declines to recuse from death penalty case after Supermax visit
A federal judge declined to recuse herself last month from a death penalty case arising out of Colorado’s “Supermax” prison, finding that her tour of the facility earlier this year did not bias her decision-making. U.S. District Court Judge Charlotte N. Sweeney is presiding over the federal murder prosecution of Ishmael Petty, who is accused…
-
Federal judge says 8 years in solitary confinement not grounds to reduce man’s sentence
A federal judge concluded earlier this month that a man’s eight years allegedly spent in solitary confinement did not justify granting his request for a sentence reduction. However, U.S. District Court Senior Judge William J. Martínez signaled his willingness to re-evaluate Randy Platt’s request if Platt details why his experience in prolonged isolation amounts to…
-
10th Circuit distances itself from prior decision making it easier to toss prisoner lawsuits
The Denver-based federal appeals court distanced itself March 4 from its own recent decision that made it easier for prison officials to end civil lawsuits by transferring incarcerated plaintiffs between facilities. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that Gov. Jared Polis could be sued over state prison…
-
Federal judge awards $10,000 to Supermax prisoner for guard’s use of force
A federal judge took the rare step last week of concluding an incarcerated, self-represented plaintiff should be compensated $10,000 by the U.S. government for a prison guard’s unwarranted use of force. After a five-day bench trial in which Khalfan Khamis Mohamed represented himself against the government’s attorneys, U.S. District Court Senior Judge R. Brooke Jackson…
-
Federal judge advances religious freedom claims of incarcerated amputee
A federal judge concluded last month that a Muslim man serving a life sentence at Colorado’s “supermax” prison may proceed with his claims that the government is violating his right to religious exercise by failing to install a water stream he can use to clean himself before praying. Mostafa Kamel Mostafa, also known as Abu…
-
Federal judge allows inmate to challenge prison’s confiscation of allegedly dangerous book
A federal judge has permitted an incarcerated man to challenge prison officials’ decision to withhold a book that allegedly depicted or encouraged disruption. Rodney C. Hamrick is incarcerated at the Administrative Maximum Facility in Florence, also known as “supermax” or “ADX.” In 2022, the warden rejected two books Hamrick received, both of which were written…
-
Divided 10th Circuit keeps ‘zombie’ claims alive against federal prison officials
The federal appeals court based in Denver rejected the appeal of prison officials accused of using excessive force against an incarcerated man, reasoning earlier this month that even if the U.S. Supreme Court’s precedent means the claims will ultimately fail, an immediate appeal was not the answer. The appeal from the Federal Bureau of Prisons…
-
Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…
-
Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…