municipal liability
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Federal judge declines to dismiss excessive force claim against Denver
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A federal judge last week declined to dismiss Denver from an excessive force lawsuit, finding the plaintiff had sufficiently alleged the city’s lack of training was behind an officer’s decision to slam him head-first into the ground. Elijah Smith alleged he was among the crowd of people in Lower Downtown celebrating the Denver Nuggets’ NBA…
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Federal judge dismisses claims against DPS over disabled student who fell out of window
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A federal judge concluded on Tuesday that a cognitively disabled student failed to allege Denver Public Schools and one of its employees violated his constitutional rights by briefly leaving him unattended in a classroom, only for him to climb out of the window and fall two stories. U.S. District Court Judge Charlotte N. Sweeney rejected…
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Federal judge refuses to dismiss lawsuit against Aurora for officer’s attack on woman
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A federal judge last month refused to dismiss a woman’s claim that the city of Aurora’s policies motivated an officer’s decision to attack her while he was on administrative leave. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun attempted to arrest Martinez at her apartment complex in January 2023 while…
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10th Circuit, by 2-1, widens ability for governments to be held liable for policymakers’ misconduct
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The federal appeals court based in Denver concluded on Friday that Sedgwick County could itself be held liable for its former sheriff’s sexual assault of a detainee, rejecting the argument that a government policymaker’s personal decision to violate someone’s rights should fall on them alone. Plaintiffs may attempt to hold government entities liable for injuries…
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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…
