malicious prosecution
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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…
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Federal judge denies immunity to Arvada officer in wrongful arrest lawsuit
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An Arvada police officer may be held liable for the unlawful arrest and malicious prosecution of a man after a federal judge determined her alleged actions, if true, would amount to a clear constitutional violation. Officer Samantha Zehner obtained an arrest warrant for Michael Lehmann in December 2019, and he was arrested for the offense…
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10th Circuit reinstates lawsuit alleging false statements of Denver officers
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Following a decision of the U.S. Supreme Court earlier this year easing the burden for people to sue for a wrongful prosecution, the federal appeals court based in Colorado has reinstated a man’s lawsuit against several Denver police officers. Wyatt T. Handy Jr. claimed he was arrested on Dec. 13, 2018 on suspicion of domestic…
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Judge refuses to toss $500,000 jury verdict against Denver officer over wrongful arrest at DIA
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A federal judge upheld a jury’s $500,000 verdict and finding of liability against a Denver police officer whose faulty probable cause statement led to the wrongful arrest of a man at Denver International Airport. After a jury earlier this year determined Officer Karl Coleman acted maliciously when he erroneously wrote on legal paperwork that Juan…
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10th Circuit says Denver officials did not violate rights of wrongly-convicted man
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A man who spent nearly three decades behind bars before ultimately being acquitted of the charges may not sue the Denver prosecutors and law enforcement officials whose missteps contributed to his wrongful incarceration, the federal appeals court based in Colorado ruled on Tuesday. Clarence Moses-EL received a 48-year prison sentence for the 1987 assault and…