excessive force
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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…
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Lawyer’s failure to cite facts prompts 10th Circuit to toss excessive force case
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The federal appeals court based in Colorado agreed last week that police officers from Littleton, Englewood and Denver cannot be held liable for killing one person and partially paralyzing another because the plaintiffs’ lawyer failed to cite any facts of the case while appealing a trial judge’s decision. During a late-night vehicle chase across multiple…
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Federal judge refuses to dismiss lawsuit of Highlands Ranch man attacked by police dog
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A federal judge on Wednesday refused to dismiss a lawsuit against two Douglas County sheriff’s deputies whose dog bit the sleeping resident of a Highlands Ranch home as the result of an alleged misunderstanding about a burglary. Tyler Luethje sued Deputies Travis Kyle and Scott Kelly for excessive force, wrongful arrest and unlawful entry after…
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Federal judge presses Denver on police response to 2020 protests
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A federal judge on Thursday heard arguments in the City and County of Denver’s attempt to end a set of legal claims against it stemming from the police response to 2020 protests, which injured eight participants and allegedly violated their constitutional rights. Multiple cases remain pending against Denver or individual police officers four years after…
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Divided 10th Circuit keeps ‘zombie’ claims alive against federal prison officials
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The federal appeals court based in Denver rejected the appeal of prison officials accused of using excessive force against an incarcerated man, reasoning earlier this month that even if the U.S. Supreme Court’s precedent means the claims will ultimately fail, an immediate appeal was not the answer. The appeal from the Federal Bureau of Prisons…