prison
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10th Circuit warns employers against discriminatory DEI programming
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The federal appeals court based in Denver sent up a warning flare to employers on Monday that diversity, equity and inclusion efforts can cross the line into illegal workplace discrimination, deeming certain race-conscious programming “troubling” and the product of “ideological messaging.” At the same time, a three-judge panel of the U.S. Court of Appeals for…
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10th Circuit warns employers against discriminatory DEI programming
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The federal appeals court based in Denver sent up a warning flare to employers on Monday that diversity, equity and inclusion efforts can cross the line into illegal workplace discrimination, deeming certain race-conscious programming “troubling” and the product of “ideological messaging.” At the same time, a three-judge panel of the U.S. Court of Appeals for…
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Federal judge sends case of prisoner’s death to jury
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A federal judge ruled last month that a jury will decide whether medical personnel at the Colorado Territorial Correctional Facility were negligent or deliberately indifferent to an incarcerated man whose deteriorating condition culminated in his 2017 death. Lorenzo Gabriel Flores had recently been transferred to the prison in Cañon City when he collapsed in his cell and…
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Federal judge dismisses challenge to ‘frustrating’ delays in sex offender treatment behind bars
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A federal judge recently dismissed an incarcerated man’s challenge to his lack of sex offender treatment in the Colorado Department of Corrections, despite having no idea when he will have access to that mandatory component of his criminal sentence. U.S. District Court Senior Judge William J. Martínez determined David A. Wismer III did not sufficiently allege…
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Federal judge orders prison contractor to get medical care for suicidal detainee
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A federal judge last week ordered a contractor for the Colorado Department of Corrections to obtain medical care for a detainee’s diseased colon, after it spent months allegedly doing nothing in the face of the man’s extreme pain and suicide attempt. Arthur Burnham, who is incarcerated at Centennial Correctional Facility near Cañon City, filed suit in July…
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Colorado lowers cost of phone calls for prisoners, will make calls free in 2025
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Colorado is moving to make phone calls free for prison and jail inmates, as a new law goes into effect on Friday. The Colorado Department of Corrections currently charges 8 cents per minute for phone calls to and from prisons. If an inmate makes a 15-minute phone call everyday, that adds up to $438 each…
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Federal judge allows retaliation lawsuit to proceed against prison dentist
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A federal judge has declined to dismiss an incarcerated man’s claim that a prison dentist retaliated against him for filing a complaint about his allegedly substandard dental care – to the point of making threats and acting aggressively toward him during an appointment. LaRon Antonio Donald, who resides at the Arkansas Valley Correctional Facility, sued multiple…
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10th Circuit declines to consider prison food-tampering claim
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The federal appeals court based in Denver has declined to consider an incarcerated man’s allegations that a prison official tampered with his food by placing “light brown matter,” “red matter” and saliva on his meals, causing illness. On Aug. 16, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit issued an…
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Federal judge dismisses allegations of ‘years-long campaign’ of retaliation by prison employees
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A federal judge has dismissed an incarcerated man’s lengthy set of assault allegations against state prison officials because he did not properly file three grievances for each incident first. Under the Prison Litigation Reform Act, people who are incarcerated must “exhaust” their administrative remedies before bringing a civil rights lawsuit. In Colorado’s Department of Corrections, detainees…
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Lincoln County judge wrongly denied man opportunity to justify possession of contraband, court rules
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A Lincoln County judge improperly denied an incarcerated man the opportunity to justify his possession of contraband weapons behind bars, Colorado’s second-highest court ruled last week in reversing the conviction. Colorado law provides for a “choice-of-evils” defense. A person can avoid conviction if they show they were facing imminent harm and engaged in criminal conduct…