mental illness
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Defendant’s ‘extreme religious beliefs’ did not render her incompetent, appeals court rules
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Colorado’s second-highest court decided last week that a defendant’s “extreme religious beliefs” did not render her incompetent to proceed, nor did they invalidate her decision to represent herself at trial. A three-judge panel for the Court of Appeals did not believe Ika Eden had any mental health issues that interfered with her ability to understand…
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Federal judge grants immunity to Colorado Springs paramedic, officer for man’s death
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A federal judge has concluded that a Colorado Springs paramedic and police officer could not be held liable for their roles in restraining a man in mental health crisis, leading to his death. U.S. District Court Judge Charlotte N. Sweeney determined Sean Reed and Nick Fischer were entitled to qualified immunity, which is a judicial…
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El Paso County sex assault convictions overturned due to judge’s incorrect competency ruling
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Colorado’s second-highest court last month vacated a man’s 15-year-old convictions for sexually assaulting a child, finding an El Paso County judge made a flawed determination that the defendant was competent to stand trial. In doing so, a three-judge panel for the Court of Appeals cautioned it may not be feasible to determine now whether Theodore William…
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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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Federal judge grants immunity to Westminster officer for shooting mentally ill man
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A federal judge on Thursday concluded a Westminster police officer cannot be held liable for shooting and killing a man in an apparent mental health crisis. Birendra Thakuri’s mother filed suit against Officer Steven Bare and the city one year after her son’s death in August 2018, alleging Bare used excessive force or, alternatively, created…
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Federal judge grants immunity to Westminster officer for shooting mentally ill man
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A federal judge on Thursday concluded a Westminster police officer cannot be held liable for shooting and killing a man in an apparent mental health crisis. Birendra Thakuri’s mother filed suit against Officer Steven Bare and the city one year after her son’s death in August 2018, alleging Bare used excessive force or, alternatively, created…
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Federal judge grants immunity to Westminster officer for shooting mentally ill man
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A federal judge on Thursday concluded a Westminster police officer cannot be held liable for shooting and killing a man in an apparent mental health crisis. Birendra Thakuri’s mother filed suit against Officer Steven Bare and the city one year after her son’s death in August 2018, alleging Bare used excessive force or, alternatively, created…
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10th Circuit opens door wider for courts to dismiss prisoners’ civil rights lawsuits
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The federal appeals court based in Denver made it easier on Tuesday for prison officials to defeat lawsuits from incarcerated plaintiffs by moving them to a different facility outside a circuit court’s jurisdiction before judges have a chance to rule. Michael Bacote Jr., a prisoner with an intellectual disability and history of mental illness, spent…
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Appeals court overturns convictions of mentally ill man who represented himself
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An Arapahoe County judge improperly allowed a mentally ill man to represent himself at trial, stating explicitly that the defendant was “making no sense whatsoever” before letting him proceed alone, Colorado’s second highest court ruled in ordering a new trial. Then-District Court Judge Michael Spear attempted to convince David Antonio Ruffin that he would be…
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Colorado Supreme Court, 5-2, endorses use of illegally obtained evidence against convicted man
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Even though police violated Ari Misha Liggett’s Miranda rights when they interrogated him, an Arapahoe County judge properly allowed prosecutors to use those statements against Liggett if he attempted to introduce evidence of his mental illness, the Colorado Supreme Court ruled on Monday. The 5-2 decision implicated the ability of mentally ill people to pursue…
