william martinez
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10th Circuit awards immunity to Fort Collins cop who slammed college student into ground
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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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Judge sides with Denver Public Schools on lawsuit alleging retaliation
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A federal judge has sided with Denver Public Schools in a civil rights lawsuit, finding no evidence school leaders were aware of an employee’s alleged opposition to discrimination when they fired her for inappropriate behavior. Barbara Lindsay, a former administrator at Emily Griffith Technical College, alleged then-executive director Stephanie Donner terminated her employment in July…
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Federal judge declines to order dental work, undergarments for female detainee
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A federal judge has declined to order the provision of female undergarments and dental care to a detainee in Washington County, believing he was unable to do so as part of a criminal case. Carissa Ann Casner has been in jail for one year, largely in Washington County. She only has four teeth, which limits…
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School’s equity training did not amount to hostile work environment, federal judge finds
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The Cherry Creek School District said it fired experienced teacher Leslie Shannon after she continued to underperform, was unlikely to improve, and had taken extensive absences that created major burdens for her colleagues. Shannon, however, alleged the only thing that changed in her third and final year with the district was her decision to complain…
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Federal judge sends DPS discrimination lawsuit to jury
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A jury will now decide whether a former Denver Public Schools leader discriminated against a Black administrator by passing her over for a position in favor of a politically-connected and allegedly less-experienced white applicant. Tisha Lee, the vice president of student services at Emily Griffith Technical College, described in her lawsuit how a panel of…
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Judge again dismisses lawsuit against Mesa County deputies for $50,000 in home damage
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A federal judge has once again dismissed the claims of a woman who sued several Mesa County sheriff’s deputies involved in a SWAT operation that reportedly caused over $50,000 in damage to her home. Last year, U.S. District Court Judge William J. Martínez granted qualified immunity to the officers in response to Patricia Cuervo’s allegations of…
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Judge allows lawsuit to proceed against Denver officers for arrest at Hancock inauguration
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A woman arrested for disrupting Denver Mayor Michael Hancock’s 2019 inauguration has plausibly alleged police officers retaliated against her and detained her without probable cause of a crime, a federal judge has ruled. Although Denver sought to dismiss the lawsuit from Caryn Marie Sodaro by arguing the five defendant officers had sufficient justification to arrest…
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10th Circuit mulls whether to recognize right of hemp producers to sue for plant confiscation
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One day after Francisco Serna passed through Denver International Airport, he filed a lawsuit in federal court with a three-sentence description of what happened when he attempted to carry his hemp plants through security. “I was travelling with 32 plant clones or rooted clippings compliantly produced under Subtitle G of 2018 Farm Bill Act,” Serna…
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10th Circuit skeptical of Fort Collins officer’s excessive force arguments
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A Fort Collins police officer’s contention that he should not face civil liability for slamming an unarmed college student face-first into the pavement received an icy reception at the Denver-based federal appeals court on Wednesday. After a lower court judge ruled that Officer Randall Klamser would proceed to a jury trial for using a “rowing…
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Federal judge refuses to reconsider ruling, maintains charitable solicitation law is constitutional
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A federal judge is standing by his prior determination that Colorado’s regulations on charitable solicitations are constitutional, amid a First Amendment challenge to the law itself and to the manner in which Secretary of State Jena Griswold applied it to an Ohio-based company. InfoCision Management Corporation, located in Akron, Ohio, alleged a portion of Colorado’s Charitable…
