judge charlotte sweeney
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Federal judge allows retaliation claims to proceed against prison officials
A federal judge agreed last week that a man incarcerated at Sterling Correctional Facility had credibly alleged that employees retaliated against him for filing grievances, including by taking away his disability accommodations and turning off his electricity. Louis Peoples Jr., 72, has visual and mobility impairments, plus a heart condition, diabetes, and susceptibility to seizures.…
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Federal judge rejects constitutional claims, ‘expressions of hatred’ by Club Q defendant
A federal judge rejected a defendant’s claims that he received constitutionally ineffective assistance of counsel while facing federal hate crime and firearms charges for murdering five people at a Colorado Springs LGBTQ nightclub in 2022. Anderson Lee Aldrich is serving multiple lifetime sentences in prison on state murder charges, plus an effective life sentence for…
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Secret orders, requests for recusal bog down Colorado’s death penalty prosecution
Colorado’s only criminal case in which federal prosecutors are actively pursuing the death penalty has taken unusual turns in recent weeks, with defense attorneys continuing to challenge the judge’s ability to hear the case and the judge issuing orders not available for public viewing. Ishmael Petty stands accused of killing a fellow inmate at the…
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10th Circuit agrees paramedic, officer not liable for constitutional violations in man’s death
The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death. Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in…
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10th Circuit revives Colorado voter intimidation lawsuit due to judge’s error
The Denver-based federal appeals court on Monday reversed a trial judge’s finding that the leaders of an “election integrity” effort had not illegally intimidated Colorado voters through an organized door-to-door canvassing project to search for election fraud in the wake of the 2020 presidential race. A three-judge panel of the U.S. Court of Appeals for…
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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…