Tag: constitution
-
Federal judge presses Denver on police response to 2020 protests
A federal judge on Thursday heard arguments in the City and County of Denver’s attempt to end a set of legal claims against it stemming from the police response to 2020 protests, which injured eight participants and allegedly violated their constitutional rights. Multiple cases remain pending against Denver or individual police officers four years after…
-
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…
-
Federal judge finds constitutional challenge to Colorado’s charitable solicitation law not viable
A company that solicits charitable donations for nonprofits cannot continue its constitutional challenge to Colorado’s regulations because it no longer faces a prohibition on operating in the state, a federal judge ruled last week. InfoCision Management Corporation, located in Akron, Ohio, alleged a portion of Colorado’s Charitable Solicitations Act unconstitutionally infringed upon its free speech rights…
-
10th Circuit grants immunity to Aurora officers who killed machete-wielding man
The federal appeals court based in Denver ruled last week that four Aurora police officers committed no constitutional violation by shooting and killing a man with alleged mental illness who charged at them while holding a machete. Initially, a trial judge green-lit the excessive force case for trial after determining a jury could find the…
-
Colorado Supreme Court justice advises police to ‘tread carefully’ when misleading suspects
Justice Melissa Hart suggested on Friday that police officers interrogating suspects in custody should recognize the “very, very thin line” they walk by making misleading representations during questioning, running the risk that courts will find the suspect’s confession involuntary. “Bottom line: Officers should, I think, tread carefully when they are thinking about whether to use…
-
Colorado justices find double jeopardy violation in woman’s conviction in ‘outlier’ case
The Colorado Supreme Court on Monday rejected the prosecution’s argument that a woman’s Adams County trespassing conviction — which all parties believed was unconstitutional — should nevertheless stand because the violation was not obvious at the time of her sentencing. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense…
-
Appeals court acknowledges ‘unfair’ outcome, upholds man’s lifetime sex offender registration
Colorado’s second-highest court on Thursday upheld a man’s requirement to register as a sex offender for life, while acknowledging state law made no exception for his 37-year-old conviction from outside Colorado that did not even require him to register at the time. Raymond Edward Moore has two convictions on his record for sex offenses: one…
-
10th Circuit agrees no immunity for Colorado Springs officers in illegal arrest lawsuit
The federal appeals court based in Denver agreed with a trial judge on Tuesday that a jury must decide whether two Colorado Springs police officers unlawfully arrested and searched a woman who, moments prior, helped resuscitate a man who had stopped breathing from a drug overdose. Officers Christopher Pryor and Robert McCafferty argued U.S. District…
-
Appeals court clarifies excessive force standards under new landmark Colorado law on policing
For the first time on Thursday, Colorado’s second-highest court clarified that the same standard federal courts use to evaluate excessive force claims applies to the landmark law on policing that state legislators passed in 2020. The General Assembly enacted Senate Bill 217, also known as the Enhance Law Enforcement Integrity Act, amid global demonstrations following the…
-
Federal judge green-lights jury trial against Denver, officers for response during 2020 protests
A federal judge agreed last month that a jury will decide whether two Denver officers and the city itself should be liable for excessive force, First Amendment violations and other infringements on a man’s constitutional rights during the 2020 protests. After a Minneapolis police officer killed George Floyd in May 2020, international demonstrations erupted, including in…