Tag: deliberate indifference
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Federal judge dismisses claims against Avon police sergeant for jail detainee’s suicide
A federal judge last week dismissed the claims against an Avon police sergeant who transported a suicidal man to the Eagle County jail, as part of a broader lawsuit over the man’s death in custody. The lawsuit, brought by the surviving father of Ian David Lockhart, described multiple occasions in the first months of 2023…
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10th Circuit underscores most lawsuits against federal officials are ‘dead’
The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people’s constitutional rights are “all but dead” — thanks to the U.S. Supreme Court’s recent decisions. Lawsuits seeking money damages against federal employees for constitutional violations are known as a “Bivens remedy,” stemming from a 1971 Supreme Court…
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10th Circuit underscores high standard for constitutional claims against doctors
The federal appeals court based in Denver agreed last week that a doctor did not violate the constitutional rights of an incarcerated man who later died, while rebuffing a perceived attempt to “redefine the standard” for holding medical providers liable. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit underscored that…
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Federal judge allows lawsuit to proceed against medical staff in Pueblo County jail
A federal judge on Monday dismissed claims that medical staff at the Pueblo County jail were deliberately indifferent to a detainee’s risk of suicide in the days before he died, but allowed other claims relating to the man’s physical pain to proceed. Jay Philip Pritchard entered the jail on Oct. 29, 2021, allegedly alerting multiple…
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Federal judge refuses to dismiss lawsuit against Denver Health for jail detainee’s death
A federal judge last week declined to dismiss a lawsuit against Denver Health and several employees for their alleged roles in the death of a 71-year-old jail detainee. Leroy “Nicky” Taylor died on Feb. 9, 2022 at the Van Cise-Simonet Detention Center, where he was serving a 90-day sentence. Taylor’s son subsequently filed suit against Denver…
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Federal judge refuses to dismiss lawsuit against El Paso County, jail contractor for deficient care
A federal judge last month rejected an attempt by El Paso County and the former medical provider for its jail to dismiss a lawsuit alleging deliberate indifference to a detainee’s serious medical needs. Alexandro Duran, who is partially paralyzed and uses a wheelchair, entered the county jail in November 2021. While there, staff allegedly refused…
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10th Circuit agrees Saguache County jail supervisor can be held liable for detainee’s suicide
The federal appeals court based in Denver agreed on Wednesday that a jury should decide whether a Saguache County jail supervisor is liable for failing to prevent the death of a suicidal detainee. Last year, a trial judge declined to grant immunity to Capt. Kenneth Wilson for the November 2019 suicide of Jackson Maes in…
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Federal judge refuses to dismiss lawsuit against Jeffco jail contractor for detainee’s death
A federal judge earlier this month refused to dismiss a constitutional rights lawsuit filed against the Jefferson County jail’s medical contractor, involving multiple personnel who allegedly failed to provide adequate care to a detainee before she died of an infection. Abby Angelo entered the Jeffco jail on June 19, 2021 following her arrest. Nine days…
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Another federal judge calls on Congress to roll back SCOTUS limitation on suing federal officials
Two federal judges in Colorado have now taken the rare step of calling for Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for money when they violate plaintiffs’ constitutional rights. U.S. District Court Senior Judge Christine M. Arguello, in dismissing the claims of an incarcerated man who alleged federal prison…
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Federal judge sends case of prisoner’s death to jury
A federal judge ruled last month that a jury will decide whether medical personnel at the Colorado Territorial Correctional Facility were negligent or deliberately indifferent to an incarcerated man whose deteriorating condition culminated in his 2017 death. Lorenzo Gabriel Flores had recently been transferred to the prison in Cañon City when he collapsed in his cell and…