qualified immunity
-
Federal judge rejects immunity for Colorado Springs officers in suit over man’s death
—
by
According to Colorado Springs, its officers acted reasonably during the hot pursuit of a felon. They applied minimal force to the resisting suspect and immediately changed course when they realized he might have stopped breathing. Lawyers for the now-deceased man, however, alleged the police had “preyed on” his mental disability, tasing him while he was…
-
Federal judge sides with Lafayette officers who used dog to bite unarmed man
—
by
Lafayette police officers acted reasonably by directing a dog to bite an unarmed, allegedly unconscious man for 20 seconds, a federal judge decided last month in rejecting the excessive force claims of plaintiff Adrian Martinez. Although law enforcement knew Martinez had walked away from his hospital bed in February 2018, it was unclear whether he…
-
‘At last – finally’: Civil liberties advocates celebrate recognition of right-to-record
—
by
Civil liberties advocates are celebrating the Denver-based federal appeals court’s decision this week to recognize the First Amendment protects the right to publicly record law enforcement officers, even while scratching their heads at some of the reasoning the court employed to reach its conclusion. “All right, at last. Finally,” said Mark Silverstein, legal director of…
-
10th Circuit says Clear Creek deputy who slammed detainee’s head is entitled to immunity
—
by
The federal appeals court based in Denver has agreed an ex-Clear Creek County sheriff’s deputy did not violate a detainee’s constitutional rights by slamming his head into a metal doorframe, leading to an apparent seizure and profuse bleeding. Deputy Michael Hansen was in the process of fingerprinting Eric Magne during the early morning hours of…
-
10th Circuit reinstates claim against Mesa County deputy over inmate’s jail death
—
by
A Mesa County sheriff’s deputy who noticed a seizure-prone detainee might not be breathing and let 10 minutes elapse before summoning medical help may be held liable for the man’s death, the federal appeals court based in Denver has ruled. At the same time, the three-judge panel for the U.S. Court of Appeals for the…
-
Federal judge considers whether wrongful arrest in Aurora rises to constitutional violation
—
by
Lawyers for the City of Aurora and one of its police officers on Wednesday told a federal judge that a subpar investigation may have wrongfully sent a man to jail, but there was no clear constitutional violation and no evidence of racial bias. The civil lawsuit from Darren Rucker, of Parker, features more than one…
-
10th Circuit gives Denver officer immunity for tasing surrendering, unarmed man
—
by
A trial judge mischaracterized body-worn camera footage showing a Denver officer tasing a surrendering, unarmed man, the federal appeals court based in Colorado determined on Tuesday. Consequently, the U.S. Court of Appeals for the 10th Circuit granted the officer immunity in the excessive force lawsuit against him. The attorney for plaintiff Gregory Heard argued in…
-
10th Circuit finds prison officials had immunity for sexual assault of inmate
—
by
The federal appeals court based in Denver has granted immunity to three officials who allegedly failed to protect an inmate from sexual assault despite hearing about the risk of physical violence to her. In reaching its decision, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit sidestepped the issue of whether…
-
Court recommends tossing lawsuit against AG Weiser for alleged Facebook blocking
—
by
Attorney General Phil Weiser cannot be sued for a First Amendment violation for allegedly deleting comments and banning a man from his Facebook pages, a federal magistrate judge has recommended. Neither the U.S. Supreme Court nor the federal appeals court in Colorado has established that public officials may be held liable for similar conduct, U.S.…