due process
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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…
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Appeals court orders resentencing of Denver defendant convicted of elderly man’s death
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Colorado’s second-highest court on Thursday determined a woman convicted of killing an elderly man in Denver must be resentenced for a less-serious offense to avoid a violation of her constitutional rights. Stephanie Martinez did not dispute that she was responsible for the death of George Black, 80, who she attacked in May 2020 at the state Capitol.…
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Appeals court orders resentencing of Denver defendant convicted of elderly man’s death
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Colorado’s second-highest court on Thursday determined a woman convicted of killing an elderly man in Denver must be resentenced for a less-serious offense to avoid a violation of her constitutional rights. Stephanie Martinez did not dispute that she was responsible for the death of George Black, 80, who she attacked in May 2020 at the state Capitol.…
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El Paso County domestic violence conviction reversed because of biased juror
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Colorado’s second-highest court has ordered a new trial for a man convicted of domestic violence-related offenses after acknowledging an unusual scenario in which the trial judge, prosecutor and defense attorney confused one juror for another, and neglected to dismiss the juror they all agreed was biased. An El Paso County jury convicted Cory James Wooldridge in…