philip brimmer
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Judge refuses to toss voter intimidation claims against election-skeptic group’s founders
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A federal judge has refused to throw out claims of voter intimidation brought against the founders of a Colorado organization that believes the 2020 presidential election was fraudulent. On Jan. 31, U.S. District Court Judge Charlotte N. Sweeney agreed it is a matter to be decided at trial whether Shawn Smith, Ashely Epp and Holly Kasun…
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10th Circuit: Thanks, but no thanks on Justice Thomas’ pot statement
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The federal appeals court based in Denver declined to apply a 2021 statement of U.S. Supreme Court Justice Clarence Thomas in deciding last week whether to block federal authorities from investigating a marijuana dispensary’s compliance with the tax code. Previously, Thomas cast doubt on Congress’s ability to regulate cannabis within states by pointing to the…
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10th Circuit reinstates inmate’s lawsuit against prison staff for alleged assault
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The federal appeals court based in Denver has revived an inmate’s cruel and unusual punishment claim against two state prison personnel, finding Jabari J. Johnson had plausibly alleged the defendants exacerbated his existing injuries when they reportedly stomped on and slammed him. Johnson and the Colorado Department of Corrections had argued over whether the Prison…
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Judge denies immunity to Denver officers in right-to-record suit
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A man has plausibly claimed Denver police officers arrested him without probable cause of a crime and instead in retaliation for exercising his First Amendment right to record them, a federal judge has ruled. U.S. District Court Chief Judge Philip A. Brimmer rejected the city’s motion to dismiss the lawsuit of Kevin Detreville, who was…
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‘An American success story’: Nina Wang formally sworn in as history-making federal judge
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Colorado’s newest federal judge, Nina Y. Wang, has a quote taped on her courtroom bench from the memoir of American lawyer and social justice advocate Bryan Stevenson. “I’ve come to believe that the true measure of our commitment to justice, the character of our society, our commitment to the rule of law, fairness, and equality cannot…
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Judge dismisses lawsuit of toothless detainee allegedly unable to eat in Jeffco jail
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A federal judge last month dismissed the claims of a toothless detainee in the Jefferson County jail who sued the sheriff and the jail’s medical and food contractors over an inability to eat the meals they provided him without his mouth bleeding or hurting. Brian L. Brackett, who entered the Jeffco jail in August 2021,…
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Judge permits Muslim inmate to take religious freedom claim to trial against Weld County sheriff
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Because a jury could find the Weld County Sheriff’s Office did not have a legitimate interest in preventing Muslim detainees in the jail from gathering for weekly prayers unless there was an outside leader present, a federal judge last month permitted an inmate to proceed to trial with his First Amendment claim. U.S. District Court…
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Federal judge finds no merit to inmates’ challenge of prison work program
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A federal judge has concluded two Colorado inmates failed to plausibly allege the state’s Department of Corrections violated their rights through its prison work program, which generally requires detainees to participate or lose privileges. Although the plaintiffs repeatedly referenced Colorado voters’ 2018 decision to amend the state constitution to eliminate slavery and involuntary servitude in…
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Judge dismisses claims against El Paso County for jailed man’s severe infection
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A man who suffered for weeks in the El Paso County jail with a visibly-infected leg and ultimately wound up in the emergency room cannot sue jail staff for ignoring his life-threatening medical needs, a federal judge has ruled. Daniel W. Plutt was serving a 90-day sentence in the county’s Criminal Justice Center, with staff…
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Lawsuit against Denver-based Dominion Voting tossed after judge finds no basis for claims
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A federal judge has tossed a lawsuit from multiple Michigan residents against Denver-based Dominion Voting Systems, Inc. after finding the plaintiffs failed to allege any actual injury from the company’s efforts to protect itself against defamation. Dominion, which supplies voting machines and software to states and counties, attracted the attention of former President Donald Trump…
