judge tamara russell
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Colorado Supreme Court to hear appeals about parenting restrictions, resentencings
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The Colorado Supreme Court announced on Monday that it will decide whether a judge’s reduction in the amount of time a parent spends with their child amounts to the kind of “restriction” that requires a heightened justification. At least three of the court’s seven members must agree to hear a case. The justices also will…
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Colorado justices say plaintiffs must show ‘likelihood’ of negligence in suing government for injuries
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The Colorado Supreme Court ruled on Monday that plaintiffs suing the government for injuries caused by a dangerous condition in a public building must demonstrate at the outset they can likely succeed in proving the government’s negligence. In doing so, the justices rejected the Court of Appeals’ belief that it was not necessary for a…
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Colorado justices consider how much evidence is necessary when suing the government for injuries
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The Colorado Governmental Immunity Act broadly shields public employees and entities for injuries they cause, with a goal of protecting taxpayer dollars and preventing disruption to government services. However, there are exceptions to the immunity, one of which involves injuries due to the “dangerous condition” of a public building. To get into court, a plaintiff needs…
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Lakewood police acted unconstitutionally in using drug detection dog, Supreme Court rules by 5-2
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Lakewood police violated the constitutional prohibition on unreasonable searches by ensuring a driver’s door remained open so a drug detection dog could sniff inside the vehicle without probable cause, the Colorado Supreme Court concluded on Monday. In the 5-2 decision, all justices agreed with the principle that law enforcement conducts a search if they “facilitate”…
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Appeals court rejects state’s argument that severely disabled sex offenders cannot de-register
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Colorado’s second-highest court last week clarified for the first time that a 2018 change to state law now permits severely disabled sex offenders who are otherwise required to register for life to discontinue their registrations. Defendants convicted of certain serious sex crimes are generally required to register for the rest of their lives. However, the legislature in 2018 enacted…
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Federal judge throws out Bandimere Speedway’s COVID-19 lawsuit against Jeffco health chief
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A federal judge on Monday dismissed a lawsuit from Bandimere Speedway that sought to hold Jefferson County’s former public health director liable for his enforcement of COVID-19 protocols against the racetrack in the early months of the pandemic. John Bandimere Jr. and Lorraine Bandimere, who own the speedway near Morrison, alleged Jeffco’s public health director…
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Colorado appeals court reinstates slip-and-fall lawsuit against Jeffco
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The state’s Court of Appeals last month reinstated a woman’s lawsuit against Jefferson County for allegedly failing to prevent her slip-and-fall inside a county building. The decision in Krista Dozier’s case comes as the Colorado Supreme Court is preparing to hear another appeal involving Jeffco, where a woman injured herself yards away from Dozier’s fall.…
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Colorado employees who allegedly prolonged man’s mental commitment given immunity by federal judge
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A federal judge last month granted immunity to two government employees who were allegedly part of a scheme to keep a man confined at the state’s mental health facility without a legitimate reason. David Hoffschneider pleaded not guilty by reason of insanity to attempted murder and other charges in Jefferson County, then entered treatment at…
