excessive force
-
Federal judge grants immunity to Lakewood sergeant for deadly shooting
A federal judge concluded last month 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 officers attempted…
-
Federal judge sends unlawful arrest, excessive force claims against Denver officers to jury
A jury will decide whether two Denver police officers are liable for unlawful arrest, excessive force and malicious prosecution after a federal judge last month found it possible the defendants arrested a man for an assault that never happened. Aaron Hernandez was sitting in a vehicle with his son in a church parking lot when…
-
Federal judge declines to dismiss suit against Timnath officers who used force on disabled child
Two Timnath police officers may be sued for allegedly violating the rights of a disabled 11-year-old by forcing him to the ground and handcuffing him as school staff were in the middle of de-escalation, a federal judge ruled last month. Officers Andrew Tope and Gabriela Ponce were stationed at Bethke Elementary School as school resource…
-
Ex-Denver police chief may be sued for excessive force in 2020 protests, federal judge rules
A federal judge earlier this month allowed a single excessive force claim to proceed against Denver’s former police chief for his alleged role in directing the city’s response to racial justice protests in the summer of 2020. At the same time that U.S. District Court Senior Judge William J. Martínez declined to dismiss the claim against…
-
10th Circuit gives Colorado Springs officer immunity for hospital room tasing
A Colorado Springs officer acted reasonably by grabbing and repeatedly tasing a man in a hospital room for not relinquishing his fiancée’s cell phone, the federal appeals court based in Denver ruled on Friday. A trial judge previously found Officer Vito DelCore escalated the interaction with Carl Andersen Jr. and effectively created the need to…
-
Federal judge dismisses allegations of ‘years-long campaign’ of retaliation by prison employees
A federal judge has dismissed an incarcerated man’s lengthy set of assault allegations against state prison officials because he did not properly file three grievances for each incident first. Under the Prison Litigation Reform Act, people who are incarcerated must “exhaust” their administrative remedies before bringing a civil rights lawsuit. In Colorado’s Department of Corrections, detainees…
-
Federal judge refuses to dismiss lawsuit against Pueblo deputy who killed man at middle school
A federal judge on Tuesday refused to dismiss an excessive force lawsuit against a Pueblo County sheriff’s deputy who shot and killed a man outside a middle school after the man accidently tried to get into a car he mistook for his own. Kristy Ward Stamp, mother of the late Richard Ward, alleged Deputy Charles…
-
10th Circuit agrees woman cannot sue corrections officer who slammed her
A woman who was incarcerated in the Denver Women’s Correctional Facility cannot sue an employee who allegedly slammed her to the ground, the federal appeals court based in Colorado ruled last week, because she filed her grievances too promptly. Under the Prison Litigation Reform Act, people who are incarcerated must “exhaust” their administrative remedies before bringing…
-
10th Circuit reinstates excessive force, illegal arrest claims against Adams County deputies
The federal appeals court based in Denver reinstated a man’s claims against two Adams County deputies on Tuesday, agreeing that a jury could find the deputies arrested him simply because he was criticizing their investigation tactics, and not because he committed any crime. Deputies Chad Jenkins and Michael Donnellon arrested John Jordan while they were…
-
10th Circuit upholds immunity for Lafayette officers who used dog to bite unarmed man
Lafayette police officers who deployed a dog to bite an unarmed, allegedly unconscious man for 15-20 seconds cannot be held liable for excessive force, the federal appeals court based in Denver ruled last week. Adrian Martinez was lying in the fetal position in a locked storage closet when police broke the door and immediately told…