qualified immunity
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Federal judge green-lights excessive force trial against Fort Collins officers
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A federal judge concluded last week that a jury will need to resolve whether two Fort Collins police officers violated a man’s constitutional rights by using excessive force after he refused to accept a citation. In a Jan. 21 order, U.S. District Court Judge Charlotte N. Sweeney analyzed the severity of plaintiff Andru Kulas’ alleged…
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10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
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The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…
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10th Circuit rebuffs Jeffco’s attempt to expand immunity footprint
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The Denver-based federal appeals court confirmed on Wednesday that it would not treat a judge’s decision to move a civil case forward as the automatic equivalent of denying immunity to governmental officials. The order from the U.S. Court of Appeals for the 10th Circuit came one month after a trial judge deemed Jefferson County’s appeal…
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Federal judge declines to dismiss claims against prison officials for seizure-related death
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A federal judge declined last month to dismiss the claims against numerous prison employees for a man’s in-custody death following several seizures and his repeated ingestion of liquified pain-numbing medication. The mother and minor children of Victor Esquivel sued the state’s corrections director, prison supervisors, corrections officers, medical employees and a medical staffing firm after…
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Federal judge deems Jeffco’s appeal ‘frivolous’ in jail death case
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A federal judge declared Jefferson County’s appeal of his evidentiary decision “frivolous” on Thursday, which enables him to continue handling the civil rights litigation even as an appellate court separately addresses the appeal. The order from U.S. District Court Judge S. Kato Crews came three days after a hearing in which the plaintiffs’ attorney warned…
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‘Utterly no precedent’: Federal judge expresses concerns about Jeffco’s early appeal in jail death case
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A federal judge shared his concerns on Monday about Jefferson County’s appeal of a routine procedural order in a constitutional rights case, which the plaintiffs argued could spawn appeal-related delays in countless lawsuits against the government. During a hearing, U.S. District Court Judge S. Kato Crews noted he could find no decisions backing up the…
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10th Circuit hears Denver, officer’s request to overturn $14M jury verdict after 2020 protests
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Members of the Colorado-based federal appeals court considered on Wednesday whether a judge committed errors in the 2022 civil trial where jurors found Denver liable for $14 million for violating the constitutional rights of protesters. In the first lawsuit of many to culminate in a jury trial, 12 plaintiffs largely succeeded in arguing Denver’s own…
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Judge dismisses constitutional claim against detective despite ‘eyebrow-raising’ investigation into motel
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A federal judge on Friday dismissed a Greenwood Village motel operator’s constitutional rights claim against a detective who allegedly singled out the establishment for a criminal investigation based on its willingness to house people with disabilities long-term. Zarrin Hospitality Group, Inc. is the operator of a Motel 6 at 9201 E. Arapahoe Road. Its owner…
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10th Circuit, 2-1, rules ignoring emergency signal from jail detainees is clear constitutional violation
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The Denver-based federal appeals court concluded on Monday that a jail employee can violate a detainee’s clear constitutional rights by ignoring an emergency distress signal, even if there is no further information about what kind of emergency exists. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed Ralph Marcus Hardy…
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10th Circuit rules child welfare worker immune for alleged false statements at custody hearing
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The Denver-based federal appeals court ruled on Tuesday that a child welfare worker’s testimony during a temporary custody hearing, even if it was false, cannot be the basis for a civil lawsuit under the longstanding principle shielding witness statements in judicial proceedings. A trial judge previously believed the allegedly untruthful statements of former Arapahoe County…
