constitution
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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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10th Circuit upholds federal prohibition on juvenile handgun possession
The Denver-based federal appeals court concluded on Monday that Congress acted within its constitutional powers to make it a crime for juveniles to possess handguns in most instances. The decision from the U.S. Court of Appeals for the 10th Circuit was highly unusual, as it involved a juvenile defendant’s prosecution in federal court. The Juvenile…
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10th Circuit partially revives lawsuit over 2020 Denver protest injuries
The Colorado-based federal appeals court revived a man’s claims against Denver on Friday after concluding a trial judge resolved the case in the city’s favor without analyzing two of the three instances of alleged excessive force and other constitutional violations. For the past six years, plaintiffs have litigated several lawsuits arising from the demonstrations that…
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Federal judge rejects constitutional claims, ‘expressions of hatred’ by Club Q defendant
A federal judge rejected a defendant’s claims that he received constitutionally ineffective assistance of counsel while facing federal hate crime and firearms charges for murdering five people at a Colorado Springs LGBTQ nightclub in 2022. Anderson Lee Aldrich is serving multiple lifetime sentences in prison on state murder charges, plus an effective life sentence for…
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Federal judge postpones CU regent’s request to lift censure restrictions
A federal judge on Thursday canceled an upcoming hearing to decide whether to block the restrictions the University of Colorado’s governing body has placed on one of its members, indicating that he would instead pivot to the defendants’ motion to dismiss. CU Regent Wanda James is suing her fellow Board of Regents members over their…
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Appeals court reverses ‘particularly brutal’ sex assault convictions due to flawed warrant
Colorado’s second-highest court reversed a Jefferson County defendant’s sexual assault and kidnapping convictions last month after concluding that police relied on an unconstitutionally broad search warrant to obtain evidence from the man’s cell phone. Jurors convicted Joseph Gabriel Van Eck of abducting multiple women near Colfax Avenue, driving them toward the mountains, and sexually assaulting…
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Colorado Supreme Court accepts child neglect, unlawful search appeals
The Colorado Supreme Court recently announced that it will decide whether a series of missteps led an El Paso County judge to improperly terminate a father’s parental rights, and whether a police officer defendant bears the burden of proving that his warrantless vehicle search was legally justified. At least three of the court’s seven members…
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10th Circuit upholds dismissal of ex-Teller County fire chief’s First Amendment lawsuit
The Denver-based federal appeals court agreed on Tuesday that the former chief of the Florissant Fire Protection District could not prevail on the claim that his 2023 firing was retaliation for his First Amendment-protected activity. Erik Holt alleged the Teller County district’s directors terminated him because he cooperated with an investigation into potential election fraud…
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10th Circuit agrees paramedic, officer not liable for constitutional violations in man’s death
The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death. Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in…
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Colorado justices confirm leaving-the-scene prosecutions require no proof of driver’s knowledge
The Colorado Supreme Court confirmed on Tuesday that its 20-year-old decision involving drivers who leave the scene of an accident remains good law and prosecutors do not have to prove that such defendants knew they were involved in an accident. In 2006, the Supreme Court ruled that leaving the scene of an accident resulting in…