excessive force
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Corrections officials may be sued for employee’s alleged abuse of detainee, federal judge rules
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High-level corrections officials may be sued for their own alleged failures to prevent or respond to an employee’s sexual misconduct toward a detainee, a federal judge decided last month. Rajae Bouhamidi was incarcerated at the Denver Women’s Correctional Facility. In late 2022, corrections officer Justin Torres allegedly began to sexually harass her. Eventually, he ordered…
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Aurora not liable for suspended officer’s attack on woman, federal court rules
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The Denver-based federal appeals court decided on Monday that the city of Aurora cannot be held liable for an officer’s attack on a woman while he was serving a suspension for shooting a different person. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun used force against Martinez at her apartment…
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10th Circuit upholds verdict against Denver, officer for protest-related violations
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The Colorado-based federal appeals court on Tuesday turned aside multiple challenges to a 2022 jury verdict that found Denver and one of its officers violated the constitutional rights of protesters and were liable for $14 million. In the first of many lawsuits culminating in a jury trial, 12 plaintiffs largely succeeded in arguing that Denver’s…
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Federal judge green-lights excessive force trial against Fort Collins officers
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A federal judge concluded last week that a jury will need to resolve whether two Fort Collins police officers violated a man’s constitutional rights by using excessive force after he refused to accept a citation. In a Jan. 21 order, U.S. District Court Judge Charlotte N. Sweeney analyzed the severity of plaintiff Andru Kulas’ alleged…
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10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
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The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…
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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…