excessive force
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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…
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Federal judge sides with Denver officer in man’s excessive force lawsuit
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A federal judge concluded on Friday that a Denver officer did not violate a man’s clearly established constitutional rights by using excessive force during a physical confrontation at a downtown hotel. Officer Michael Pineda attempted to arrest Nicholas Munden at The Art Hotel after staff received complaints about his behavior. Munden resisted and Pineda ended…
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3 federal judges trim claims brought by 2020 protesters in Denver
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A trio of federal judges in recent weeks cut back the number of claims that could proceed to trial in lawsuits stemming from police use of force during the protests in downtown Denver four years ago. Numerous judges this year have found Denver or its officers may be held liable for excessive force or First Amendment…
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Federal judge refuses to dismiss lawsuit against Aurora for officer’s attack on woman
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A federal judge last month refused to dismiss a woman’s claim that the city of Aurora’s policies motivated an officer’s decision to attack her while he was on administrative leave. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun attempted to arrest Martinez at her apartment complex in January 2023 while…
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Federal judge stands by ruling dismissing some of protesters’ claims against Denver
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A federal judge last week refused to alter her ruling allowing only some claims to proceed to a jury trial against Denver for its alleged constitutional violations against protesters. Numerous judges this year have found Denver or its officers may be held liable for excessive force or First Amendment violations in a series of lawsuits.…
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10th Circuit reinstates lawsuit against Mesa County deputies for $50,000 in home damage
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The federal appeals court based in Denver agreed a trial judge mistakenly relied on outside materials when he dismissed a lawsuit against several Mesa County sheriff’s personnel who damaged a woman’s home during a SWAT raid. Patricia Cuervo identified 17 sheriff’s employees who allegedly contributed to the unspecified destruction on March 11, 2018. That day, police…
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10th Circuit dismisses excessive force lawsuit over Lakewood police’s ‘ambush’ of man
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The federal appeals court based in Denver dismissed an excessive force lawsuit earlier this month from a man who alleged Lakewood police hid outside his home, failed to identify themselves as law enforcement, then shot him. In Eric St. George’s telling, police officers planted themselves outside his building close to midnight and called him multiple…
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10th Circuit says prisoner shot at courthouse cannot sue without complaining to prison first
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The federal appeals court based in Denver ruled on Tuesday that an incarcerated man shot by a corrections officer during his courthouse appearance was required to first file an internal prison grievance before suing for excessive force, even though he was outside the prison at the time. In reaching its conclusion, a three-judge panel of…