excessive force
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Federal judge green-lights excessive force, retaliation claims for trial against Fort Collins officers
A federal judge green-lit a jury trial last week against multiple Fort Collins police officers on claims that they used excessive force on one man who was standing unarmed in his underwear, and retaliated against another man for exercising his First Amendment right to record video. Several Fort Collins police officers converged late one night…
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10th Circuit partially revives lawsuit over 2020 Denver protest injuries
The Colorado-based federal appeals court revived a man’s claims against Denver on Friday after concluding a trial judge resolved the case in the city’s favor without analyzing two of the three instances of alleged excessive force and other constitutional violations. For the past six years, plaintiffs have litigated several lawsuits arising from the demonstrations that…
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10th Circuit agrees paramedic, officer not liable for constitutional violations in man’s death
The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death. Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in…
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10th Circuit tosses Pueblo County sheriff defendants’ appeal in fatal shooting lawsuit
The Denver-based federal appeals court rejected an attempt from Pueblo County sheriff’s employees on Wednesday to rely on their own version of the facts to escape liability for fatally shooting an unarmed man outside a middle school. A trial judge ruled last year that the defendants were not entitled to qualified immunity, a judicially created…
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Corrections officials may be sued for employee’s alleged abuse of detainee, federal judge rules
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
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
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
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
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
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…