Author: Michael Karlik
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Federal judge dismisses claims against medical contractor for Eagle County jail suicide
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A federal judge dismissed the claims against a medical contractor for the Eagle County jail and its employees earlier this month, concluding there were insufficient allegations that they violated the constitutional rights of a man who died by suicide in custody. U.S. District Court Judge Philip A. Brimmer noted a doctor with Your Hope Center…
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Federal judge advances lawsuit seeking overtime compensation for Aurora firefighter trainees
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A federal judge gave preliminary approval earlier this month to a class of Aurora firefighter trainees who may sue the city over allegations that they were denied overtime pay in violation of federal law. Joseph Elias, who attended Aurora’s fire academy between July-August 2023, filed suit last year alleging the city is violating the Fair…
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Appeals court says jury not obligated to apply discounts to determine value of stolen merch
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Colorado’s second-highest court concluded on Thursday that it was up to a Douglas County jury to determine the value of stolen merchandise at a defendant’s theft trial, after both sides presented different estimates of the items’ value. Under state law, a theft offense hinges on the market value of the stolen goods. Anything below $2,000…
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Public figures have limited path to sue over accusations of criminality, says appeals court
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Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Federal judge to consider sanctioning ex-Colorado judicial discipline director
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A federal judge ordered Colorado’s former head of judicial discipline on Wednesday to explain why she should not sanction him for making inaccurate statements about the defendants in his lawsuit against the Colorado Supreme Court and related entities. U.S. District Court Senior Judge Kathryn H. Vratil indicated she will hear arguments and evidence next Thursday…
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Federal judge green-lights trial against Denver officer over race-based enforcement
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A federal judge green-lit a jury trial last week on a man’s claim that a Denver police officer engaged in racially selective enforcement of the law by arresting him for video recording at a police station, while not arresting a White man who filmed in the same spot. U.S. District Court Judge Philip A. Brimmer…
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Federal judge says 8 years in solitary confinement not grounds to reduce man’s sentence
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A federal judge concluded earlier this month that a man’s eight years allegedly spent in solitary confinement did not justify granting his request for a sentence reduction. However, U.S. District Court Senior Judge William J. Martínez signaled his willingness to re-evaluate Randy Platt’s request if Platt details why his experience in prolonged isolation amounts to…
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10th Circuit rejects ‘potential for violence’ when police arrest vehicle occupant’s romantic partner
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The Denver-based federal appeals court rejected the idea on Tuesday that a vehicle occupant poses a danger to police solely because they are romantically involved with another occupant who officers are arresting. By 2-1, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Denver police lacked reasonable suspicion to conduct…
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Colorado justices grill debt collector about compliance with law
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The Colorado Supreme Court repeatedly pressed a debt collection company last week to explain how its lawsuit against a Boulder woman for an unpaid credit card balance complied with the specific requirements that state lawmakers have created. Portfolio Recovery Associates, LLC filed a complaint to collect on a $671 debt from the credit card account…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
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Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
