judge philip brimmer
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Federal judge green-lights trial against Denver officer who arrested man yelling obscenities at passersby
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A federal judge last week concluded a jury will decide whether a Denver police sergeant violated the constitutional rights of a man who hurled sexist comments and broadcast a torrent of swear words through a megaphone outside Denver Union Station in 2019. Abade Irizarry and Kyle Shockley were standing on Wynkoop Plaza on June 2, 2019.…
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Federal judge rejects ex-Denver employee’s lawsuit over vaccine objection
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A federal judge ruled last week that a former Denver employee had not shown the city violated his rights by rejecting his request for a religious exemption to the COVID-19 vaccine mandate. Specifically, U.S. District Court Chief Judge Philip A. Brimmer concluded plaintiff Patrick Higgins had not actually lodged a coherent religious-based objection, as he…
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Release hearing ordered for Aurora detainee held for 21 months in ICE custody
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A federal judge last month ordered a hearing to determine if a detainee in Aurora who has spent the last 21 months in immigration custody should be released during the remainder of his removal proceedings. More than two decades ago, the U.S. Supreme Court recognized a noncitizen’s detention could be constitutionally unreasonable beyond six months. In…
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Federal judge says jury not influenced by incarcerated plaintiff’s appearance in shackles
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A federal judge last month rejected an incarcerated plaintiff’s request for a new civil trial in his constitutional rights lawsuit, concluding the jury was not influenced by the man’s appearance in shackles at trial. This summer, Dean Carbajal received a jury trial on his claim that Colorado Department of Corrections employees failed to protect him…
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10th Circuit clears path for Colorado’s increased firearms purchasing age to take effect
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The federal appeals court based in Denver cleared the way on Tuesday for a 2023 Colorado law to take effect that will generally raise the age limit for purchasing firearms to 21. Senate Bill 169 was originally intended to take effect in August of last year, creating a misdemeanor offense for those who sell guns to…
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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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How a Harris or Trump presidency might shape Colorado’s federal courts
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In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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10th Circuit says Costilla County’s process for permitting septic tank does not violate Constitution
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The federal appeals court based in Denver agreed last week that while two property owners in Costilla County have argued the process for permitting their septic tank should look different, the county’s existing protocol does not violate their constitutional rights. Billie and Tracy Smith, a mother and son from South Carolina, sued two Costilla County…
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10th Circuit upholds dismissal of Aurora councilwoman’s lawsuit
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The federal appeals court based in Denver agreed on Monday that an Aurora city council member had not shown a violation of her constitutional rights occurred when she became the subject of a social worker’s false report of child abuse. Councilwoman Danielle Jurinsky sued Arapahoe County, the department of human services and Robin Niceta, who was…
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Federal judge green-lights lawsuit for trial by man arrested for recording Denver police station
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A jury will decide whether two Denver police officers violated a man’s First Amendment rights when they arrested him for recording at a police station, a federal judge ruled on Monday. There was no dispute that a sign was posted on the window of the District 5 station in northeast Denver prohibiting video recording “in”…