eighth amendment
-
10th Circuit declines to consider prison food-tampering claim
—
by
The federal appeals court based in Denver has declined to consider an incarcerated man’s allegations that a prison official tampered with his food by placing “light brown matter,” “red matter” and saliva on his meals, causing illness. On Aug. 16, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit issued an…
-
Federal judge says inmate attacked by other prisoners cannot sue corrections officers
—
by
An incarcerated man, allegedly attacked by other prisoners because of his status as a sex offender, cannot sue corrections officials for failing to protect him, a federal judge ruled last month. Even though Emanuel Pittman reportedly told multiple prison officials that other inmates were threatening his life, U.S. Magistrate Judge Kristen L. Mix explained it…
-
Federal judge refuses to dismiss rape-related lawsuit against Colorado Springs corrections provider
—
by
A federal judge refused to dismiss a lawsuit last week against a private provider of community corrections services in Colorado Springs whose employee allegedly was able to rape two women as a result of known security lapses at the facility. Shenelle Lovato and Alexis Suarez sued Community Corrections, Inc., or ComCor, and several of its…
-
Judge refuses to dismiss inmate’s lawsuit against prison officials who allegedly denied care
—
by
An inmate who allegedly vomited “thick black blood” and had to be hospitalized may sue prison officials for failing to address his severe medical needs, a federal judge ruled earlier this month. John Hibbs, who is incarcerated in Fremont Correctional Facility, reportedly collapsed in February 2019. He was then transported to the hospital for internal bleeding.…
-
10th Circuit reinstates inmate’s lawsuit against prison staff for alleged assault
—
by
The federal appeals court based in Denver has revived an inmate’s cruel and unusual punishment claim against two state prison personnel, finding Jabari J. Johnson had plausibly alleged the defendants exacerbated his existing injuries when they reportedly stomped on and slammed him. Johnson and the Colorado Department of Corrections had argued over whether the Prison…
-
10th Circuit tosses Adams County detainee’s lawsuit over lack of sleep apnea machine
—
by
A man detained in the Adams County jail did not plausibly allege sheriff’s employees and medical contractors violated his constitutional rights when they failed to provide a machine to treat his sleep apnea, the federal appeals court based in Denver ruled on Thursday. Alexander Noel Garcia sued the sheriff’s office and the jail’s medical contractor,…
-
Judge grants immunity to Jeffco deputy in jail attack lawsuit
—
by
A Jefferson County sheriff’s deputy cannot be held liable for failing to prevent an aggressive inmate from attacking another man in the county jail, a federal judge decided last month. U.S. Magistrate Judge Scott T. Varholak acknowledged certain circumstances in which a prisoner can sue officials for not taking steps to stop inmate-on-inmate violence. However,…
-
Judge refuses to dismiss lawsuit against Jeffco, jail contractor for alleged constitutional violation
—
by
A federal judge has refused to dismiss a man’s lawsuit against Jefferson County and its medical contractor, Wellpath, for allegedly ignoring a life-threatening dental condition during his nearly six-month stay in the jail. As part of the Eighth Amendment’s prohibition on cruel and unusual punishment, jail and prison staff cannot be deliberately indifferent to a…
-
Judge dismisses claims against El Paso County for jailed man’s severe infection
—
by
A man who suffered for weeks in the El Paso County jail with a visibly-infected leg and ultimately wound up in the emergency room cannot sue jail staff for ignoring his life-threatening medical needs, a federal judge has ruled. Daniel W. Plutt was serving a 90-day sentence in the county’s Criminal Justice Center, with staff…
-
Appeals court upholds lifetime sentence for non-triggerman in Colorado Springs murder
—
by
It does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment to sentence an adult to life in prison without parole for a death they did not cause, Colorado’s second-highest court has ruled. Wayne Sellers IV challenged his sentence, the most severe punishment authorized under Colorado law, for the crime of felony murder.…