judge charlotte sweeney
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U.S. government declines to oppose multiple challenges to immigration detention in Colorado
Multiple federal judges in Colorado granted petitions from people challenging the lawfulness of their immigration detention this week after the government took the unusual step of declining to submit arguments in opposition. Colorado’s federal trial court is facing a flood of “habeas corpus” petitions from those in immigration custody. The most common allegation is that the…
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Federal judge declines to recuse from death penalty case after Supermax visit
A federal judge declined to recuse herself last month from a death penalty case arising out of Colorado’s “Supermax” prison, finding that her tour of the facility earlier this year did not bias her decision-making. U.S. District Court Judge Charlotte N. Sweeney is presiding over the federal murder prosecution of Ishmael Petty, who is accused…
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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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Judge approves injunction for Colorado Springs counselor after SCOTUS rules in conversion therapy case
A federal judge last week blocked Colorado from enforcing its restriction on conversion therapy for LGBTQ children against a Colorado Springs counselor, after both sides agreed that the state will not pursue professional disciplinary action while the case proceeds. The formalization of a preliminary injunction came days after one appellate judge argued that the Denver-based…
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Federal judges’ responses vary to immigration authorities’ disregard of orders
Colorado’s U.S. District Court judges have responded in recent days to the government’s violations of, or unclear compliance with, their orders in immigration detention cases, resulting in directives to immediately free the petitioners. “I’m just struggling to understand how he was removed from the United States even though (the government acknowledges) he could not be…
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As Colorado’s federal judges churn through immigration petitions, Domenico’s cases sit undecided
Colorado’s U.S. District Court judges have spent months pushing out decisions in hundreds of immigration detention cases and largely siding with detainees, but one judge has barely touched his caseload. Chief Judge Daniel D. Domenico has only issued orders in roughly 20% of the cases assigned to him where a petitioner is seeking relief from…
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10th Circuit analyzes sentencing process for probation violators in rare all-judges’ hearing
All 12 full-time judges on the Denver-based federal appeals court gathered for a rare oral argument on Monday to consider whether one of the court’s precedent-setting opinions created a process for sentencing probation violators that is out of step with what Congress intended. Although the judges of the U.S. Court of Appeals for the 10th…
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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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Colorado’s chief federal judge breaks with colleagues on issue of mandatory immigration detention
Chief Judge Daniel D. Domenico broke with his peers on Colorado’s U.S. District Court last week in siding with the government’s argument about the broad scope of its immigration detention authority. In an April 15 order finding that a man was properly in custody without a bond hearing, Domenico acknowledged his view is the outlier…