judge r. brooke jackson
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10th Circuit agrees Colorado Springs postal worker failed to show discrimination, hostile work environment
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The federal appeals court based in Denver agreed last month that a Black U.S. Postal Service employee in Colorado Springs failed to credibly allege the offensive conduct of a supervisor rose to the level of racial discrimination or a hostile work environment. Paul P. Nelson, who worked for the Postal Service for 23 years, filed…
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Divided 10th Circuit orders further evaluation of legality for $6.4 million judgment in cannabis case
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The federal appeals court based in Denver ruled on Monday that a Maryland man may be required to pay $6.4 million after all for breaching a contract with his intended partner in a cannabis company, so long as it does not require the manufacture or sale of marijuana. By 2-1, a three-judge panel of the…
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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…
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10th Circuit grants immunity to Aurora officers who killed machete-wielding man
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The federal appeals court based in Denver ruled last week that four Aurora police officers committed no constitutional violation by shooting and killing a man with alleged mental illness who charged at them while holding a machete. Initially, a trial judge green-lit the excessive force case for trial after determining a jury could find the…
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10th Circuit finds judge prematurely dismissed prisoner’s challenge to sentence
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The federal appeals court based in Denver concluded on Tuesday that a trial judge should have held a hearing to explore whether factors beyond an incarcerated man’s control prevented him from challenging his sentence within the required window. Michael Robert Stevens is serving a 56-month prison sentence after pleading guilty to possessing pipe bombs and…
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10th Circuit finds judge prematurely dismissed prisoner’s challenge to sentence
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The federal appeals court based in Denver concluded on Tuesday that a trial judge should have held a hearing to explore whether factors beyond an incarcerated man’s control prevented him from challenging his sentence within the required window. Michael Robert Stevens is serving a 56-month prison sentence after pleading guilty to possessing pipe bombs and…
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Colorado Supreme Court identifies potential red flag in state’s sex offender sentencing law
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The Colorado Supreme Court on Monday suggested the 25-year-old law governing criminal sentences for sex offenders might run afoul of the constitutional prohibition on cruel and unusual punishment when applied to juveniles serving lengthy terms of incarceration. The ultimate question of whether the Sex Offender Lifetime Supervision Act, or SOLSA, is unconstitutional in the case of…
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Colorado Supreme Court identifies potential red flag in state’s sex offender sentencing law
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The Colorado Supreme Court on Monday suggested the 25-year-old law governing criminal sentences for sex offenders might run afoul of the constitutional prohibition on cruel and unusual punishment when applied to juveniles serving lengthy terms of incarceration. The ultimate question of whether the Sex Offender Lifetime Supervision Act, or SOLSA, is unconstitutional in the case of…
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Colorado Supreme Court to scrutinize parole requirements for juvenile sex offenders
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The Colorado Supreme Court has agreed to answer whether the state law authorizing indefinite, potentially lifetime sentences for sex offenses makes room for the special considerations that must be given to juveniles who are tried as adults. In a rare move, the court accepted the question not through the usual appeals process, but following a…