excessive force
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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…
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Federal judge allows excessive force claims to proceed against Moffat County, Craig officers
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A federal judge last week permitted a man’s excessive force claims to proceed against law enforcement officers from Craig and Moffat County, who allegedly rammed him with a car as he was walking away with his hands in the air. Chief U.S. Magistrate Judge Scott T. Varholak noted that plaintiff Tanner Sholes, as alleged, was…
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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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Federal judge dismisses claim against coordinator of prison training exercise gone wrong
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A federal judge ruled on Tuesday that the alleged coordinator of a prison training exercise could not be held liable for excessive force when the simulation took a turn for the worse and employees actually attacked each other. As part of a 2019 hostage training at Federal Correctional Complex, Florence, prison employees punched, shot simulated bullets…