Tag: constitution
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10th Circuit reinstates lawsuit against Mesa County deputies for $50,000 in home damage
The federal appeals court based in Denver agreed a trial judge mistakenly relied on outside materials when he dismissed a lawsuit against several Mesa County sheriff’s personnel who damaged a woman’s home during a SWAT raid. Patricia Cuervo identified 17 sheriff’s employees who allegedly contributed to the unspecified destruction on March 11, 2018. That day, police…
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Mesa County animal cruelty convictions overturned for officer’s unconstitutional search
Colorado’s second-highest court determined on Thursday that a Mesa County animal control officer gathered evidence of a cruelty offense from a woman’s property in violation of the Fourth Amendment, necessitating a new trial. The constitutional prohibition on unreasonable searches and seizures generally requires police to obtain a warrant or else rely on an established exception…
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10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
Even if there was a constitutional violation from letting jurors hear the videotaped statements of a wanted fugitive, the federal appeals court based in Denver agreed the out-of-court testimony implicating a teenage defendant in a 1998 killing spree did not undermine his murder convictions. Alexander Pogosyan is serving multiple life sentences for his role in…
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Federal judge dismisses challenge to Colorado law prohibiting online posting of police officers’ personal info
A federal judge last week dismissed a man’s constitutional challenge to a Colorado law prohibiting the online dissemination of certain personal identifying information, while simultaneously noting the law did not appear to criminalize the man’s objective of posting details about one specific state trooper. Andrew Thomas Scott is a process server who attempted to deliver…
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10th Circuit dismisses constitutional challenge to Colorado’s charitable solicitation law
The federal appeals court based in Denver dismissed a constitutional challenge to a portion of Colorado’s law governing paid nonprofit solicitors, determining on Friday that the lawsuit against Secretary of State Jena Griswold was now moot. Colorado’s legislature enacted the Charitable Solicitations Act after finding fraudulent solicitations on behalf of charities were a “widespread practice”…
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10th Circuit says prisoner shot at courthouse cannot sue without complaining to prison first
The federal appeals court based in Denver ruled on Tuesday that an incarcerated man shot by a corrections officer during his courthouse appearance was required to first file an internal prison grievance before suing for excessive force, even though he was outside the prison at the time. In reaching its conclusion, a three-judge panel of…
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2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post
Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses. At the same time, the panel of three judges for the U.S.…
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Second federal judge refuses to dismiss lawsuit against Fort Collins for officer’s wrongful DUI arrests
A second federal judge on Tuesday refused to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Carl Sever is one of several arrestees who filed suit over their encounters with Jason Haferman, the former “DUI officer” for…
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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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Federal judge hears religious exercise case of Castle Rock church, with SCOTUS looming in background
In a case that appears designed to catch the attention of the U.S. Supreme Court’s conservative majority, a federal judge heard arguments on Monday about whether a Castle Rock church’s religious belief that it should house the homeless is enough to let the congregation bypass the town’s zoning restrictions and continue operating temporary shelters in…