qualified immunity
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Federal judge sends unlawful arrest, excessive force claims against Denver officers to jury
A jury will decide whether two Denver police officers are liable for unlawful arrest, excessive force and malicious prosecution after a federal judge last month found it possible the defendants arrested a man for an assault that never happened. Aaron Hernandez was sitting in a vehicle with his son in a church parking lot when…
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10th Circuit gives Colorado Springs officer immunity for hospital room tasing
A Colorado Springs officer acted reasonably by grabbing and repeatedly tasing a man in a hospital room for not relinquishing his fiancée’s cell phone, the federal appeals court based in Denver ruled on Friday. A trial judge previously found Officer Vito DelCore escalated the interaction with Carl Andersen Jr. and effectively created the need to…
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10th Circuit upholds immunity for Lafayette officers who used dog to bite unarmed man
Lafayette police officers who deployed a dog to bite an unarmed, allegedly unconscious man for 15-20 seconds cannot be held liable for excessive force, the federal appeals court based in Denver ruled last week. Adrian Martinez was lying in the fetal position in a locked storage closet when police broke the door and immediately told…
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Greeley officer postpones request for immunity in illegal detention suit after judge expresses doubts
The lawyer for a Greeley police officer backed down from his plans to ask for qualified immunity on Thursday, after a federal judge suggested the request to end the illegal detention lawsuit was premature. Officer Kody Brunnemer faces allegations that he violated the Fourth Amendment’s protection against unreasonable searches and seizures when he detained, then…
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Judge refuses to dismiss lawsuit from acquitted man against Denver officers
A federal judge on Wednesday decided a man acquitted of murder by a Denver jury may sue the officers involved in the investigation for violating his rights, after they allegedly concealed information and failed to perform an adequate investigation. Although Micah Kimball claimed five law enforcement officers infringed on his Fourth Amendment right to be…
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Federal judge green-lights jail suicide lawsuit against Saguache County for trial
A jury will decide whether Saguache County Sheriff Dan Warwick, one of his deputies and the board of county commissioners are liable for the 2019 suicide death of Jackson Maes in the jurisdiction’s jail. In a Feb. 3 order, U.S. District Court Judge Nina Y. Wang dismissed a number of constitutional rights claims against the…
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10th Circuit ponders immunity for Colorado Springs officer in hospital room tasing
Some members of the federal appeals court based in Denver appeared skeptical on Tuesday that a Colorado Springs police officer committed a constitutional violation when he tased a man for refusing to hand over a cell phone that contained suspected evidence of child abuse. Last year, a trial judge allowed Carl Andersen Jr. to take…
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Judge grants immunity to Jeffco deputy in jail attack lawsuit
A Jefferson County sheriff’s deputy cannot be held liable for failing to prevent an aggressive inmate from attacking another man in the county jail, a federal judge decided last month. U.S. Magistrate Judge Scott T. Varholak acknowledged certain circumstances in which a prisoner can sue officials for not taking steps to stop inmate-on-inmate violence. However,…
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10th Circuit awards immunity to Fort Collins cop who slammed college student into ground
The federal appeals court based in Denver has determined a Fort Collins officer who slammed a college student face-first into the ground cannot be held liable for excessive force. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged Officer Randall Klamser did violate the constitutional rights of Michaella Lynn Surat…
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No immunity for Loveland cop who shot puppy
A Loveland police officer may be held liable for shooting a couple’s puppy in the head within seconds of exiting his car, a federal judge has ruled. Last week, U.S. District Court Judge Raymond P. Moore refused to dismiss the civil rights claims against Officer Mathew Grashorn for the shooting. Moore noted the law is…