malicious prosecution
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Federal judge dismisses malicious prosecution suit against Colorado Springs officers
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A federal judge has dismissed a woman’s lawsuit against two Colorado Springs police officers who arrested her instead of looking into her report that she was the victim of domestic violence. U.S. District Court Judge Charlotte N. Sweeney found it problematic if the officers did not follow up on Rebecca Varney’s claim of being assaulted…
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10th Circuit reinstates malicious prosecution claim against ex-Denver DA employee
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For the second time in four years, the federal appeals court based in Colorado has reinstated a claim of malicious prosecution against a former employee of the Denver District Attorney’s Office whose allegedly false testimony caused the plaintiffs to be wrongfully arrested. Victoria Carbajal and Luis Leal first filed suit more than a decade ago,…
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Fort Collins police officers dismissed from lawsuit over 2020 arrests of protesters
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A federal judge last month dismissed four Fort Collins police officers from a constitutional rights lawsuit, finding the plaintiffs failed to specifically allege how each defendant wrongfully arrested them and contributed to their prosecutions. In August 2020, Black Lives Matter protesters and participants in a “Defend the Police” rally clashed violently. Michael Piper Townley and…
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Fort Collins police officers dismissed from lawsuit over 2020 arrests of protesters
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A federal judge last month dismissed four Fort Collins police officers from a constitutional rights lawsuit, finding the plaintiffs failed to specifically allege how each defendant wrongfully arrested them and contributed to their prosecutions. In August 2020, Black Lives Matter protesters and participants in a “Defend the Police” rally clashed violently. Michael Piper Townley and…
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Federal judge refuses to dismiss Fort Collins from another lawsuit involving officer’s wrongful arrests
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For the second time in under a month, a federal judge has declined to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Cody Erbacher is one of several arrestees who filed suit over their encounters with Jason…
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Federal judge refuses to dismiss Fort Collins from another lawsuit involving officer’s wrongful arrests
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For the second time in under a month, a federal judge has declined to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Cody Erbacher is one of several arrestees who filed suit over their encounters with Jason…
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Federal judge sends unlawful arrest, excessive force claims against Denver officers to jury
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A jury will decide whether two Denver police officers are liable for unlawful arrest, excessive force and malicious prosecution after a federal judge last month found it possible the defendants arrested a man for an assault that never happened. Aaron Hernandez was sitting in a vehicle with his son in a church parking lot when…
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Federal judge refuses to dismiss claims against Colorado state troopers for alleged wrongful arrest
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A federal judge on Tuesday slammed the Colorado Attorney General’s Office’s attempt to minimize the behavior of two state troopers, who allegedly arrested a man without probable cause and ridiculed him because he was a Mexican citizen who did not speak English well. Trooper Jeremy Sugai and Corporal Joshua Curtis participated in the arrest of…
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More than opinions: Some appellate judges wax philosophical in journal articles
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The life of an appellate judge revolves around reading and writing, but some members of Colorado’s state and federal courts have published their musings off the bench in recent years, expanding upon the issues and initiatives they confront in their day jobs. Colorado Politics located five journal articles published in 2022 and 2023 whose authors…
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Judge refuses to dismiss lawsuit from acquitted man against Denver officers
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A federal judge on Wednesday decided a man acquitted of murder by a Denver jury may sue the officers involved in the investigation for violating his rights, after they allegedly concealed information and failed to perform an adequate investigation. Although Micah Kimball claimed five law enforcement officers infringed on his Fourth Amendment right to be…
