americans with disabilities act
-
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.…
-
Federal judge dismisses lawyer’s disability discrimination claims against judge
A federal judge dismissed a lawyer’s discrimination claims last month against a judge in El Paso County who allegedly failed to provide reasonable accommodations for her long COVID disability. Andrea M. Hall sued District Court Judge Chad Miller and his judicial district, which encompasses El Paso and Teller counties, based on an April 2023 criminal…
-
10th Circuit agrees Colorado satisfied jury award after intercepting money for restitution
The Denver-based federal appeals court agreed last week that Colorado satisfied its obligations by not paying a man directly for violating his rights, but rather crediting the jury’s multimillion-dollar award toward the crime victim restitution he still owed in his criminal case. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit…
-
Federal judge allows disabled woman’s lawsuit to proceed against Elbert County sheriff
A federal judge rejected the Elbert County Sheriff’s Office’s attempt to dismiss a disability rights lawsuit against it on Tuesday, in which the plaintiff alleges 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…
-
Appeals court finds state wrongly blocked ex-worker’s evidence in termination challenge
Colorado’s second-highest court ruled last week that the Colorado State Personnel Board wrongly blocked a former employee from submitting documentation to challenge his termination, even though he followed the board’s instructions to obtain the materials. Eric Strumpf was the budget and business operations director for the Colorado Department of Corrections. He requested emergency sick leave…
-
Denver council chambers to get $1.5 million remodel
Denver’s historic City Council Chambers is getting a makeover that will bring the space, including the dais where councilmembers sit, into compliance with the Americans with Disabilities Act. The cost of the six–month renovation project is approximately $1.5 million, aimed at making the room more accessible to all, according to Robert Austin, spokesperson for Denver’s…
-
Judge dismisses constitutional claim against detective despite ‘eyebrow-raising’ investigation into motel
A federal judge on Friday dismissed a Greenwood Village motel operator’s constitutional rights claim against a detective who allegedly singled out the establishment for a criminal investigation based on its willingness to house people with disabilities long-term. Zarrin Hospitality Group, Inc. is the operator of a Motel 6 at 9201 E. Arapahoe Road. Its owner…
-
10th Circuit reinstates Colorado woman’s discrimination lawsuit based on SCOTUS ruling
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…
-
‘I have to over-prepare’: Judges, lawyers speak about effects of disability on their work
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…
-
Federal judge declines to dismiss disabled woman’s lawsuit against Elbert County
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…