qualified immunity
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Susan Prose talks about surprises, self-represented plaintiffs and settlements in first year as magistrate judge
U.S. Magistrate Judge Susan Prose, speaking about her first year as a federal judge on Thursday, described multiple eye-opening experiences on the bench, including the revelation that some litigants are not actually seeking a speedy trial. “I’ve been surprised to see how frequently folks actually don’t want to go to trial. It’s not just defendants…
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10th Circuit agrees Saguache County jail supervisor can be held liable for detainee’s suicide
The federal appeals court based in Denver agreed on Wednesday that a jury should decide whether a Saguache County jail supervisor is liable for failing to prevent the death of a suicidal detainee. Last year, a trial judge declined to grant immunity to Capt. Kenneth Wilson for the November 2019 suicide of Jackson Maes in…
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10th Circuit grants immunity to Aurora officers who killed machete-wielding man
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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10th Circuit agrees no immunity for Colorado Springs officers in illegal arrest lawsuit
The federal appeals court based in Denver agreed with a trial judge on Tuesday that a jury must decide whether two Colorado Springs police officers unlawfully arrested and searched a woman who, moments prior, helped resuscitate a man who had stopped breathing from a drug overdose. Officers Christopher Pryor and Robert McCafferty argued U.S. District…
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10th Circuit agrees no immunity for Colorado Springs officers in illegal arrest lawsuit
The federal appeals court based in Denver agreed with a trial judge on Tuesday that a jury must decide whether two Colorado Springs police officers unlawfully arrested and searched a woman who, moments prior, helped resuscitate a man who had stopped breathing from a drug overdose. Officers Christopher Pryor and Robert McCafferty argued U.S. District…
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Appeals court clarifies excessive force standards under new landmark Colorado law on policing
For the first time on Thursday, Colorado’s second-highest court clarified that the same standard federal courts use to evaluate excessive force claims applies to the landmark law on policing that state legislators passed in 2020. The General Assembly enacted Senate Bill 217, also known as the Enhance Law Enforcement Integrity Act, amid global demonstrations following the…
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Appeals court clarifies excessive force standards under new landmark Colorado law on policing
For the first time on Thursday, Colorado’s second-highest court clarified that the same standard federal courts use to evaluate excessive force claims applies to the landmark law on policing that state legislators passed in 2020. The General Assembly enacted Senate Bill 217, also known as the Enhance Law Enforcement Integrity Act, amid global demonstrations following the…
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Ex-Dominion exec prevails in another appeal over unproven election-rigging accusations
For the second time in under a month, a former executive for Denver-based Dominion Voting Systems has moved forward in his efforts to hold liable those who amplified unproven allegations that he, personally, rigged the 2020 presidential election against Donald Trump. Last year, a federal trial judge agreed Eric Coomer, the director of product strategy and…
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Ex-Dominion exec prevails in another appeal over unproven election-rigging accusations
For the second time in under a month, a former executive for Denver-based Dominion Voting Systems has moved forward in his efforts to hold liable those who amplified unproven allegations that he, personally, rigged the 2020 presidential election against Donald Trump. Last year, a federal trial judge agreed Eric Coomer, the director of product strategy and…
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Federal judge grants immunity to Fountain officers for detaining man, entering home without warrant
A federal judge last month threw out a Fountain man’s claims that police officers acted unconstitutionally when they responded to his home for a welfare check, only to restrain him and enter the house without a warrant. Kyle A. Fisher alleged three officers were unjustified in investigating his children’s wellbeing, and he assumed their visit…