Tag: qualified immunity
-
10th Circuit upholds verdict against Denver, officer for protest-related violations
The Colorado-based federal appeals court on Tuesday turned aside multiple challenges to a 2022 jury verdict that found Denver and one of its officers violated the constitutional rights of protesters and were liable for $14 million. In the first of many lawsuits culminating in a jury trial, 12 plaintiffs largely succeeded in arguing that Denver’s…
-
Federal judge dismisses malicious prosecution claim against former Denver prosecutor
A federal judge concluded on Monday that a former Denver prosecutor could not be sued for allegedly causing the arrests of two plaintiffs after they failed to appear for trial on the scheduled date, even though the trial had been postponed. Victoria Carbajal and Luis Leal first filed suit more than a decade ago, alleging…
-
Federal judge green-lights excessive force trial against Fort Collins officers
A federal judge concluded last week that a jury will need to resolve whether two Fort Collins police officers violated a man’s constitutional rights by using excessive force after he refused to accept a citation. In a Jan. 21 order, U.S. District Court Judge Charlotte N. Sweeney analyzed the severity of plaintiff Andru Kulas’ alleged…
-
10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…
-
10th Circuit rebuffs Jeffco’s attempt to expand immunity footprint
The Denver-based federal appeals court confirmed on Wednesday that it would not treat a judge’s decision to move a civil case forward as the automatic equivalent of denying immunity to governmental officials. The order from the U.S. Court of Appeals for the 10th Circuit came one month after a trial judge deemed Jefferson County’s appeal…
-
Federal judge declines to dismiss claims against prison officials for seizure-related death
A federal judge declined last month to dismiss the claims against numerous prison employees for a man’s in-custody death following several seizures and his repeated ingestion of liquified pain-numbing medication. The mother and minor children of Victor Esquivel sued the state’s corrections director, prison supervisors, corrections officers, medical employees and a medical staffing firm after…
-
‘Utterly no precedent’: Federal judge expresses concerns about Jeffco’s early appeal in jail death case
A federal judge shared his concerns on Monday about Jefferson County’s appeal of a routine procedural order in a constitutional rights case, which the plaintiffs argued could spawn appeal-related delays in countless lawsuits against the government. During a hearing, U.S. District Court Judge S. Kato Crews noted he could find no decisions backing up the…
-
Judge dismisses constitutional claim against detective despite ‘eyebrow-raising’ investigation into motel
A federal judge on Friday dismissed a Greenwood Village motel operator’s constitutional rights claim against a detective who allegedly singled out the establishment for a criminal investigation based on its willingness to house people with disabilities long-term. Zarrin Hospitality Group, Inc. is the operator of a Motel 6 at 9201 E. Arapahoe Road. Its owner…
-
Federal judge grants immunity to Colorado Springs paramedic, officer for man’s death
A federal judge has concluded that a Colorado Springs paramedic and police officer could not be held liable for their roles in restraining a man in mental health crisis, leading to his death. U.S. District Court Judge Charlotte N. Sweeney determined Sean Reed and Nick Fischer were entitled to qualified immunity, which is a judicial…
-
10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…