excessive force
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Federal judge grants immunity to Colorado Springs paramedic, officer for man’s death
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A federal judge has concluded that a Colorado Springs paramedic and police officer could not be held liable for their roles in restraining a man in mental health crisis, leading to his death. U.S. District Court Judge Charlotte N. Sweeney determined Sean Reed and Nick Fischer were entitled to qualified immunity, which is a judicial…
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10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
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The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…
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Colorado Springs to face trial over adequacy of police training, federal judge rules
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The city of Colorado Springs will stand trial alongside four of its officers, a federal judge ruled on Thursday, so a jury can determine if a man’s constitutional rights were violated when police chased him inside his home without a warrant and restrained him as he lay on the floor dying. Previously, U.S. District Court Senior…
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Colorado Springs officers to face civil trial for luring man out of home, chasing him inside prior to death
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A federal judge ruled last week that a jury will decide whether four Colorado Springs police officers violated a man’s constitutional rights by chasing him inside his home without a warrant and restraining him as he lay on the floor dying. Chad Alexander Burnett was mentally ill and allegedly behaving menacingly toward his neighbors. When…
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Federal judge eases path for plaintiffs to hold Denver liable for 2020 protest response
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A federal judge last month reversed course on her previous decision and ruled a group of one dozen plaintiffs who were injured during the police response to Denver protests can hold the city liable for failing to train its officers on the use of chemical weapons and projectiles. Last March, U.S. District Court Judge Nina Y.…
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Denver police sergeant to face civil trial over alleged First Amendment retaliation, judge rules
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A federal judge ruled last month that a jury will evaluate whether a Denver police officer violated a man’s First Amendment rights by knocking his cell phone onto the ground in retaliation for video recording. Brian Loma was recording the city’s operation to dismantle a homeless encampment in November 2020 when he began yelling at…
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10th Circuit grants immunity to Elbert County sergeant for shooting unarmed man
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The federal appeals court based in Denver ruled on Thursday that an Elbert County sheriff’s employee cannot be held liable for shooting an unarmed man who startled him. Joel Hernandez sued Sgt. Mike Skalisky for excessive force for shooting him at the Kiowa Industrial Park in March 2021. In response, Skalisky invoked qualified immunity, which…
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10th Circuit grants immunity to Grand Junction, Mesa County officers who fatally shot man 16 times
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The federal appeals court based in Denver ruled last week that Grand Junction and Mesa County law enforcement officers could not be held liable for shooting and killing an allegedly mentally ill man in his driveway. The widow of Steve Alire sued multiple officers, plus the city and county themselves, for excessive force. The defendants…
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Federal judge allows man to sue Aurora officer for alleged accidental discharge of gun
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A federal judge last week declined to dismiss a man’s excessive force claim against an Aurora police officer, who fired his gun in what the city alleged to be an accidental discharge. This spring, Arapahoe County jurors found Eugene Robertson guilty of numerous attempted murder charges. However, while he was incarcerated pending trial, Robertson filed suit against…