excessive force
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10th Circuit hears Denver, officer’s request to overturn $14M jury verdict after 2020 protests
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Members of the Colorado-based federal appeals court considered on Wednesday whether a judge committed errors in the 2022 civil trial where jurors found Denver liable for $14 million for violating the constitutional rights of protesters. In the first lawsuit of many to culminate in a jury trial, 12 plaintiffs largely succeeded in arguing Denver’s own…
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Federal judge declines to dismiss excessive force claim against Denver
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A federal judge last week declined to dismiss Denver from an excessive force lawsuit, finding the plaintiff had sufficiently alleged the city’s lack of training was behind an officer’s decision to slam him head-first into the ground. Elijah Smith alleged he was among the crowd of people in Lower Downtown celebrating the Denver Nuggets’ NBA…
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Federal judge permits excessive force claim to proceed against prison employees
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A federal judge on Wednesday agreed two state prison employees could be sued for allegedly using excessive force against an incarcerated man. Jared Lee Chavez, representing himself, alleged “Sgt. Smith” and “Sgt. Grilli” violently pulled Chavez from his cell at Sterling Correctional Facility in February 2022. Chavez allegedly complied with orders, but the defendants slammed…
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Federal judge refuses to dismiss lawsuit over prison training exercise turned violent
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A federal judge ruled last week that claims could proceed against five federal prison employees who allegedly attacked their colleagues during a training exercise turned violent. While carrying out a 2019 hostage training at the Federal Correctional Complex in Florence, prison employees punched, shot simulated bullets at and used chemical munitions on their coworkers who…
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10th Circuit rules Denver deputy will face trial for punching man in wheelchair
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The Colorado-based federal appeals court agreed on Friday that a Denver sheriff’s deputy will face a civil jury trial for using “arbitrary and punitive force” against a restrained man who spat on him. Video footage from 2019 captured Deputy Jason Gentempo punching and shoving Serafin Finn, who was in a wheelchair, to the ground after Finn…
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Federal judge sends claims of 13 plaintiffs to trial over police response to 2020 demonstrations
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A federal judge last week agreed 13 people injured in the police response to 2020 demonstrations in Denver will have their claims of constitutional violations decided by jury trial. Numerous judges in the past five years have found Denver or its officers may be held liable for excessive force or First Amendment violations in a series…
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Federal judge rules Pueblo sheriff’s officials will face jury trial for killing man at school
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Multiple Pueblo County sheriff’s employees will face a civil jury trial after one deputy shot and killed a man outside a middle school and other deputies placed his mother under arrest for hours without justification, a federal judge ruled earlier this month. Kristy Ward Stamp, mother of the late Richard Ward, alleged Deputy Charles McWhorter,…
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10th Circuit rules ex-Denver police chief entitled to immunity for 2020 protest injury
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Denver’s former police chief cannot be held liable for a woman’s injury during a 2020 protest because his directives for officers to use force were “in the abstract and from a distance,” the Colorado-based federal appeals court ruled on Tuesday. The lawsuit from Suzy Dennis was one of several filed in federal court following the police…
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Federal judge dismisses hunger strike-related claims of US embassy bombing defendant
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A federal judge last month dismissed an incarcerated man’s claims against officials in Colorado’s “Supermax” prison alleging they acted with negligence toward the plaintiff’s 20-day hunger strike. Khalfan Khamis Mohamed, who was convicted of the deadly 1998 bombing of the U.S. embassy in Tanzania, was incarcerated at the U.S. Penitentiary — Administrative Maximum Facility in Florence.…
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Appeals court emphasizes claims against officers must be ‘frivolous’ for unsuccessful plaintiffs to pay
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Colorado’s second-highest court ruled on Thursday that a 2020 police accountability law only contemplates that unsuccessful plaintiffs will compensate officer defendants for their costs when the claims are frivolous. Lawmakers enacted Senate Bill 217 in the wake of protests that erupted over the May 2020 death of George Floyd at the hands of Minneapolis police. Although federal…
