due process
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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…
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Federal judge allows inmate to challenge prison’s confiscation of allegedly dangerous book
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A federal judge has permitted an incarcerated man to challenge prison officials’ decision to withhold a book that allegedly depicted or encouraged disruption. Rodney C. Hamrick is incarcerated at the Administrative Maximum Facility in Florence, also known as “supermax” or “ADX.” In 2022, the warden rejected two books Hamrick received, both of which were written…
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10th Circuit says Costilla County’s process for permitting septic tank does not violate Constitution
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The federal appeals court based in Denver agreed last week that while two property owners in Costilla County have argued the process for permitting their septic tank should look different, the county’s existing protocol does not violate their constitutional rights. Billie and Tracy Smith, a mother and son from South Carolina, sued two Costilla County…
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10th Circuit upholds dismissal of Aurora councilwoman’s lawsuit
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The federal appeals court based in Denver agreed on Monday that an Aurora city council member had not shown a violation of her constitutional rights occurred when she became the subject of a social worker’s false report of child abuse. Councilwoman Danielle Jurinsky sued Arapahoe County, the department of human services and Robin Niceta, who was…
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Appeals court ‘concerned’ prison official refused to let inmate question witness in disciplinary case
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Colorado’s second-highest court reversed an incarcerated man’s disciplinary conviction for allegedly assaulting a prison employee last week, concluding the man was wrongly denied the ability to question a key witness. David Ruffin resided at the Colorado State Penitentiary in July 2022 when he became upset at a directive to either shower or go to his…
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Federal judge dismisses malicious prosecution suit against Colorado Springs officers
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A federal judge has dismissed a woman’s lawsuit against two Colorado Springs police officers who arrested her instead of looking into her report that she was the victim of domestic violence. U.S. District Court Judge Charlotte N. Sweeney found it problematic if the officers did not follow up on Rebecca Varney’s claim of being assaulted…
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After rejection by Colorado Supreme Court, federal judge also tosses oil, gas owners’ taxation challenge
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A federal judge last month dismissed a lawsuit from a collection of mineral rights owners in Montezuma County, following the Colorado Supreme Court’s conclusion last year that they lacked standing to challenge roughly $500,000 in taxes owed. The long-running dispute centers on the McElmo Dome Unit in southwestern Colorado. Operator Kinder Morgan extracts the carbon…