scott varholak
-
Judge dismisses man’s lawsuit against Walmart for erroneous shoplifting arrest
—
by
Even though prosecutors ended up dismissing the shoplifting-related charges against an elderly Asian man, he failed to show that Walmart should be liable for its role in his erroneous arrest, a federal judge ruled last month. Meng Uoy Chang asserted a Walmart store in Timnath had violated his rights after employees identified Chang as a…
-
Judge grants immunity to Jeffco deputy in jail attack lawsuit
—
by
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,…
-
Judge orders sanctions against lawyer for continued ‘frivolous’ litigation against Commerce City
—
by
A federal judge has ordered new monetary sanctions against a lawyer with a history of professional disciplinary infractions, finding she pursued a meritless lawsuit against Commerce City for over two years in an alleged police misconduct case. Jean Pirzadeh, a lawyer at the Colorado Christian Defense Counsel, first filed suit in Adams County in August 2020,…
-
Inmate’s challenge to mail, privileges policies at ‘supermax’ prison rejected by federal court
—
by
The federal appeals court based in Denver has rejected an inmate’s challenges to a pair of mail policies at the “supermax” prison in Colorado, noting the legitimate safety concerns underlying the restrictions. The U.S. Court of Appeals for the 10th Circuit also appeared to suggest inmates at the United States Penitentiary, Administrative Maximum Facility in Florence…
-
10th Circuit says Fort Collins postal worker may not sue union for false information
—
by
Even though a Fort Collins letter carrier was unable to sue the U.S. Postal Service for discrimination in time because of false information union leaders allegedly provided her, the federal appeals court based in Denver agreed Lynda Hickey is now barred from suing the union itself for its misrepresentations. It was unclear why officers of…
-
Judge rejects inmate’s request to order changes to prison dental policies
—
by
A federal judge has rebuffed an inmate’s request to order prison officials to halt their alleged unofficial policy of denying dental crowns to detainees, believing the Federal Bureau of Prisons should be left to manage its own medical protocols. Peter George Noe, who is incarcerated at the U.S. Penitentiary — Administrative Maximum facility in Florence, filed…
-
10th Circuit finds ‘some evidence’ supported prisoner discipline despite lack of video footage
—
by
The federal appeals court based in Denver agreed “some evidence” supported a prison official’s decision to punish an inmate for possessing a razor blade, even though the disciplinary officer refused the inmate’s request to review surveillance footage that could have shed light on the incident. Both the government and Darnell Love Pittman Sr. agreed the…
-
Federal judge tosses man’s excessive force lawsuit against Loveland police
—
by
A federal judge has dismissed a man’s lawsuit against the city of Loveland and multiple police officers that alleged excessive force and unlawful arrest. Although Christopher Talmadge claimed that he was nonviolent and “minding his own business” when police reportedly slammed his head into his driveway, the city pointed to an affidavit the night of…
-
Judge says man suing Aurora may use AG’s investigation into police department
—
by
Two months after the Colorado Attorney General’s Office released a report concluding that Aurora police have a pattern and practice of excessive force and racially-based law enforcement, a federal judge allowed a man to incorporate the report’s findings into his own excessive force claims against the city. U.S. Magistrate Judge Scott T. Varholak on Thursday granted…
