due process
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Ex-Lochbuie officer’s rights not violated with disclosure of misconduct finding, appeals court rules
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Colorado’s second-highest court concluded last month that a former law enforcement officer cannot sue his employer under one police accountability law for reporting its misconduct finding to another agency, as required under a different police accountability law. Officer Michael Oliveira sued leaders of the Lochbuie Police Department under Senate Bill 217, also known as the Enhance Law…
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Federal judge IDs flaw with Tina Peters’ request for release
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A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a…
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10th Circuit rejects claim that judge pressured defense attorney
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The Denver-based federal appeals court concluded last week that a trial judge’s comments urging a criminal defense lawyer to be more cooperative in the presentation of evidence did not negatively affect the defendant’s right to a fair trial. Prior to trial, lawyers for both sides may agree which pieces of evidence are authentic — meaning they…
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10th Circuit says parents failed to show school policies on gender identity violated their rights
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Two sets of parents failed to show how a Larimer County school district’s policies, which addressed how staff should treat students’ gender identities, were responsible for their “strained” family relationship, the Denver-based federal appeals court ruled on Tuesday. At the same time, one judge suggested a policy enabling staff to keep parents “in the dark” about…
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Federal judge skeptical of government’s assurances that alleged ‘alien enemies’ will receive process
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A federal judge on Monday signaled she is not fully prepared to take the government at its word that it would provide appropriate procedures for non-citizens to contest their removals under an 18th Century “alien enemies” law and instead said the government’s recent actions suggested due process would not actually happen. U.S. District Court Judge…
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Federal judge advances convicted man’s lawsuit over $3,406 still in Denver’s possession
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A federal judge this month agreed an incarcerated man may proceed to sue Denver and the commander of its major crimes division for refusing to return $3,406 that authorities confiscated after his arrest 20 years ago. Jurors convicted Brian Hicks of murder in 2011. Originally, police arrested Hicks in 2005 and charged him with attempted…
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Following 10th Circuit reversal, federal judge agrees man may sue Douglas County child caseworker
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After the Denver-based federal appeals court found she improperly dismissed the lawsuit, a federal judge last week agreed that a father’s claims may proceed against a Douglas County child welfare worker who allegedly violated his constitutional rights while investigating suspected child abuse. Originally, U.S. District Court Judge Charlotte N. Sweeney dismissed the due process and…
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Appeals court allows man to sue Paonia for constitutional violation after shutting off his water
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Colorado’s second-highest court last week agreed a man could proceed with his lawsuit against the town of Paonia for shutting off his water in an alleged violation of his constitutional right to due process. Erik Gilbertson lives outside the town’s limits, but his home receives water from the municipal system. Paonia allowed the prior owner…
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Release hearing ordered for Aurora detainee held for 21 months in ICE custody
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A federal judge last month ordered a hearing to determine if a detainee in Aurora who has spent the last 21 months in immigration custody should be released during the remainder of his removal proceedings. More than two decades ago, the U.S. Supreme Court recognized a noncitizen’s detention could be constitutionally unreasonable beyond six months. In…
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10th Circuit reinstates constitutional rights lawsuit against Douglas County child welfare workers
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The federal appeals court based in Denver reinstated a father’s lawsuit on Thursday against two Douglas County child welfare workers, who allegedly violated his constitutional rights in their investigation of suspected child abuse. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit noted a trial judge had previously dismissed the lawsuit…