deliberate indifference
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Federal judge refuses to dismiss lawsuit against Denver Health for jail detainee’s death
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A federal judge last week declined to dismiss a lawsuit against Denver Health and several employees for their alleged roles in the death of a 71-year-old jail detainee. Leroy “Nicky” Taylor died on Feb. 9, 2022 at the Van Cise-Simonet Detention Center, where he was serving a 90-day sentence. Taylor’s son subsequently filed suit against Denver…
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Federal judge refuses to dismiss lawsuit against El Paso County, jail contractor for deficient care
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A federal judge last month rejected an attempt by El Paso County and the former medical provider for its jail to dismiss a lawsuit alleging deliberate indifference to a detainee’s serious medical needs. Alexandro Duran, who is partially paralyzed and uses a wheelchair, entered the county jail in November 2021. While there, staff allegedly refused…
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10th Circuit agrees Saguache County jail supervisor can be held liable for detainee’s suicide
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The federal appeals court based in Denver agreed on Wednesday that a jury should decide whether a Saguache County jail supervisor is liable for failing to prevent the death of a suicidal detainee. Last year, a trial judge declined to grant immunity to Capt. Kenneth Wilson for the November 2019 suicide of Jackson Maes in…
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Federal judge refuses to dismiss lawsuit against Jeffco jail contractor for detainee’s death
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A federal judge earlier this month refused to dismiss a constitutional rights lawsuit filed against the Jefferson County jail’s medical contractor, involving multiple personnel who allegedly failed to provide adequate care to a detainee before she died of an infection. Abby Angelo entered the Jeffco jail on June 19, 2021 following her arrest. Nine days…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
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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…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
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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…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
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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…
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Federal judge sends case of prisoner’s death to jury
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A federal judge ruled last month that a jury will decide whether medical personnel at the Colorado Territorial Correctional Facility were negligent or deliberately indifferent to an incarcerated man whose deteriorating condition culminated in his 2017 death. Lorenzo Gabriel Flores had recently been transferred to the prison in Cañon City when he collapsed in his cell and…
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Federal judge tosses excessive force case against Adams County deputies
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Even though a man re-injured his shoulder after Adams County deputies placed him in handcuffs, a federal judge last month decided no constitutional violation took place during the “lawful, normal arrest.” During a late-night domestic dispute with his wife in June 2021, Gabriel Armijo destroyed his home garden and drove into a fence. Other people…
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10th Circuit underscores limited path federal prisoners face in suing government
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The federal appeals court based in Denver underscored last month that incarcerated plaintiffs have essentially no path to suing federal officials for money for violating their constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit explained that the U.S. Supreme Court’s precedent, as well as its own, meant prisoners…