malicious prosecution
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Federal judge dismisses malicious prosecution claim against former Denver prosecutor
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A federal judge concluded on Monday that a former Denver prosecutor could not be sued for allegedly causing the arrests of two plaintiffs after they failed to appear for trial on the scheduled date, even though the trial had been postponed. Victoria Carbajal and Luis Leal first filed suit more than a decade ago, alleging…
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Federal judge sides with ex-Fort Collins ‘DUI officer’ on constitutional claims
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A federal judge last week concluded Fort Collins’ former “DUI officer” had not committed a constitutional violation in arresting a motorist, notwithstanding the officer’s problematic behavior across other cases. In recent years, several people arrested by Officer Jason Haferman filed suit over their encounters, arguing Haferman wrongly accused motorists of driving under the influence when…
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10th Circuit says judge erred in denying immunity to Denver officers who arrested man for recording
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The Colorado-based federal appeals court sided with two Denver police officers on Tuesday, finding they were entitled to immunity outright or to a second look at their arguments in a lawsuit over a man’s arrest for video recording at a police station. There was no dispute that a sign was posted on the window of…
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Colorado justices ease path for successful civil defendants to turn around, sue plaintiffs
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The Colorado Supreme Court on Monday embraced a lower hurdle for successful defendants in civil cases to turn around and sue the plaintiffs for allegedly entangling them in baseless litigation. A person may sue for malicious prosecution when someone knowingly initiates a criminal or civil legal proceeding that lacks merit and the case ends in…
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Denver detectives did not violate man’s rights in unsuccessful murder prosecution, judge finds
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A federal judge agreed last week that two Denver detectives could not be held liable for malicious prosecution because there was probable cause to pursue a murder charge against a defendant, even if jurors ultimately acquitted him. Michelle Jacobson died from a gunshot wound to the head in September 2019. Although there was evidence her…
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Colorado justices consider scenario where civil defendants turn around and sue plaintiffs
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Members of the Colorado Supreme Court considered on Wednesday how easily defendants who win their civil lawsuits should be able to turn around and sue the plaintiffs for allegedly entangling them in baseless litigation. A person may sue for malicious prosecution when someone knowingly initiates a criminal or civil legal proceeding that lacks merit and…
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10th Circuit dismisses man’s lawsuit against Arvada detective, accuser for rape accusation
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The Denver-based federal appeals court agreed last week that a man had not credibly alleged he was prosecuted for rape without probable cause because, in part, he apologized for raping the alleged victim on a recorded phone call. Gary Weidner III sued Detective Kristin Ames and his former romantic partner, identified as “Jane Doe,” after…
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Federal judge allows Aurora protest leader to sue city, detective over prosecution
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A federal judge last week declined to dismiss a malicious prosecution lawsuit against the city of Aurora and one of its detectives, brought by a 2020 protest leader who alleged there was no probable cause to arrest her. Eliza Lucero was involved in a protest outside an Aurora Police Department station in July 2020. She…
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Federal judge green-lights trial over arrest of protester at Denver mayor’s 2019 inauguration
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A federal judge indicated on Monday that it is a jury’s role to decide whether Denver police officers violated a woman’s rights by arresting her for disrupting the inauguration ceremony of then-Mayor Michael Hancock in 2019. U.S. District Court Senior Judge William J. Martínez found the officers had not performed a clearly unconstitutional seizure of Caryn…
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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”…
