eighth amendment
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Appeals judge urges restraint in labeling new offenses serious across board
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A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…
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Federal judge declines to dismiss claims against prison officials for seizure-related death
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A federal judge declined last month to dismiss the claims against numerous prison employees for a man’s in-custody death following several seizures and his repeated ingestion of liquified pain-numbing medication. The mother and minor children of Victor Esquivel sued the state’s corrections director, prison supervisors, corrections officers, medical employees and a medical staffing firm after…
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Colorado justices splinter over approach to sentencing review
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Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Federal judge advances claim against prison guard for allegedly outing man as ‘snitch’
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A federal judge last week agreed an incarcerated man could sue a prison guard for allegedly putting him in danger and retaliating against him by revealing to other inmates that the plaintiff filed a sexual harassment complaint. The plaintiff, who is incarcerated at the Arkansas Valley Correctional Facility, raised allegations against three prison employees that…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
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The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Colorado justices issue revised opinion in Robert Ray appeal, addressing life without parole sentence
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The Colorado Supreme Court issued a modified decision last week in the appeal of former death row inmate Robert Keith Ray, addressing and rejecting his arguments about the constitutionality of his life sentence. Arapahoe County jurors convicted Ray for the 2005 slayings of Javad Marshall-Fields and Vivian Wolfe. He received a death sentence and remained…
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Federal judge green-lights trial against Denver Health, staff for death of elderly jail detainee
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Five Denver Health employees and the organization itself will stand trial on claims that they provided a constitutionally deficient level of medical care to an elderly jail detainee who died from severe health problems, a federal judge ruled on Wednesday. The defendants maintained 71-year-old Leroy “Nicky” Taylor received consistent medical care during his incarceration and…
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Federal judge dismisses prisoner’s lawsuit alleging doctor stuck needle in unnumbed eyeball
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A federal judge last month dismissed a lawsuit from an incarcerated man who claimed a doctor violated his rights by sticking a needle into his unnumbed eyeball, causing extensive damage. Ronald Lee Smith, who is incarcerated at Buena Vista Correctional Facility, alleged he was taken to Denver Health in July 2021. While there, ophthalmologist Maryam…
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Federal judge lets prisoner’s claim proceed over strip search video shared with others
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A federal judge agreed last week that an incarcerated man’s claims could proceed against two state corrections employees, alleging they retaliated against him for complaining about recorded strip searches and also showed the video of one search to inmates and staff. Representing himself, Ryan James Griffin filed suit based on multiple strip searches he underwent…
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10th Circuit underscores most lawsuits against federal officials are ‘dead’
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The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people’s constitutional rights are “all but dead” — thanks to the U.S. Supreme Court’s recent decisions. Lawsuits seeking money damages against federal employees for constitutional violations are known as a “Bivens remedy,” stemming from a 1971 Supreme Court…
