civil rights
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10th Circuit says prisoner shot at courthouse cannot sue without complaining to prison first
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The federal appeals court based in Denver ruled on Tuesday that an incarcerated man shot by a corrections officer during his courthouse appearance was required to first file an internal prison grievance before suing for excessive force, even though he was outside the prison at the time. In reaching its conclusion, a three-judge panel of…
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Susan Prose talks about surprises, self-represented plaintiffs and settlements in first year as magistrate judge
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U.S. Magistrate Judge Susan Prose, speaking about her first year as a federal judge on Thursday, described multiple eye-opening experiences on the bench, including the revelation that some litigants are not actually seeking a speedy trial. “I’ve been surprised to see how frequently folks actually don’t want to go to trial. It’s not just defendants…
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‘Opportunity to level the playing field’: Federal judges deliver pro bono pitch to lawyers
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Two years ago, U.S. Magistrate Judge Kristen L. Mix faced a disturbing set of allegations from a prisoner in federal court. The man, incarcerated at the Colorado State Penitentiary, alleged he was a prosecution witness in the trial of another inmate who committed murder. He asked to be housed in protective custody, but instead the…
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10th Circuit agrees ex-DPS employee failed to prove retaliatory firing
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The federal appeals court based in Colorado agreed last month that a former Denver Public Schools employee failed to show how her termination was connected to her act of speaking out against racial discrimination. Barbara Lindsay worked at Emily Griffith Technical College and participated in the 2019 hiring process for a new school director. She…
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Jury to decide ex-Weld County schools superintendent’s retaliation claim
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A jury will decide whether Weld County School District RE-5J unlawfully retaliated against its former superintendent because she stood up against multiple incidents of racism, sexism and homophobia involving one of the district’s principals. U.S. District Court Judge Nina Y. Wang denied the district’s request to resolve the case in its favor without a trial, writing in…
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The 20-minute lifeline: Colorado’s federal court eyes a new program to aid those behind bars | COVER STORY
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With nearly two dozen state prisons and multiple federal facilities in Colorado, federal judges routinely hear lawsuits from incarcerated men and women alleging violations of their rights. The claims range from excessive force and indifference to medical needs to unconstitutional infringements on prisoners’ religious exercise. For the most part, the plaintiffs do not have a…
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Federal judge to Congress: Roll back Supreme Court’s limitations on suing federal officials
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In an extraordinary move, a federal judge in Colorado has called upon Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for constitutional violations. U.S. District Court Senior Judge William J. Martínez, in an Aug. 3 order, criticized the fact that prisoners, if they are in a federal facility, are largely…
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Federal judge sends illegal arrest lawsuit against Colorado Springs officers to trial
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A jury will decide whether Colorado Springs police officers unlawfully arrested and searched a woman who, moments prior, helped resuscitate a man who had stopped breathing from a drug overdose. Colorado Springs asked U.S. District Court Senior Judge Christine M. Arguello to find its officers acted reasonably when they handcuffed and cited Sasha Cronick for…
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Federal judge refuses to dismiss ex-Weld County schools chief’s retaliation lawsuit
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A federal judge has refused to dismiss the lawsuit of a former Weld County schools superintendent who alleges her school board fired her after she stood up against multiple incidents of racism, sexism and homophobia involving one of the district’s principals. Leslie Arnold led Weld County School District RE-5J from 2018 to 2021, where she…
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Federal judge says Westminster officers not liable for using Taser on man in home in front of family
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Westminster police officers who hit and tased an intoxicated man in his home while his child and wife screamed for them to stop cannot be held liable for excessive force, a federal judge ruled last month. Although Jose Sariñana Gandara’s wife originally called 911 to inquire about transporting Sariñana to a detox facility, multiple officers who…
