Tag: constitution
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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…
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Appeals court clarifies standards for no-contact orders involving children
Colorado’s second-highest court clarified last month that judges need to account for certain factors when deciding whether to loosen a defendant’s no-contact order against a child, and an El Paso County judge did not consider the proper criteria when refusing to modify the restrictions. Under state law, judges impose protection orders, also known as restraining…
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‘Why are we here?’ Colorado justices skeptical of state’s push to uphold woman’s conviction
Members of the Colorado Supreme Court on Tuesday struggled to understand why prosecutors remained opposed to overturning a woman’s trespassing conviction, even as both sides agreed the conviction would not stand under current law. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense following acquittal, but also from…
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10th Circuit allows man to sue officer for seizing personal items from pockets at Walmart
The federal appeals court based in Denver agreed last month that a man could sue an off-duty Aurora police officer for seizing items from his pockets at a Walmart store under the mistaken belief they were shoplifted. William Montgomery has filed a series of state and federal lawsuits based on a similar pattern of events:…
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Federal judge allows ‘supermax’ prisoner’s limited religious freedom claims to proceed
A federal judge last week permitted a Muslim man serving a life sentence in Colorado’s “supermax” prison for terrorism-related offenses to pursue a limited number of religious freedom claims against the government. Mostafa Kamel Mostafa, also known as Abu Hamza, arrived at the U.S. Penitentiary – Administrative Maximum Facility in Florence in 2015. A British citizen, Mostafa was…
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Federal judge tosses excessive force case against Adams County deputies
Even though a man re-injured his shoulder after Adams County deputies placed him in handcuffs, a federal judge last month decided no constitutional violation took place during the “lawful, normal arrest.” During a late-night domestic dispute with his wife in June 2021, Gabriel Armijo destroyed his home garden and drove into a fence. Other people…
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Federal judge finds no constitutional violation in requiring illegal pot growers to forfeit house
Requiring an Aurora couple to forfeit their home to the government after using it to illegally grow marijuana does not violate the constitutional prohibition against excessive fines, a federal judge ruled last month. In 2019, the U.S. Department of Justice petitioned to take possession of a home in the 23000 block of East Wagontrail Avenue…
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Judge sanctions woman suing Colorado Springs police, finds she withheld evidence
A federal judge last week authorized financial sanctions against a woman and her lawyers who are suing Colorado Springs police for a constitutional violation, finding she disobeyed court orders and failed to hand over evidence to the defense. Sasha Cronick is pursuing claims of unreasonable search and seizure and false arrest against the officers who…
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10th Circuit underscores limited path federal prisoners face in suing government
The federal appeals court based in Denver underscored last month that incarcerated plaintiffs have essentially no path to suing federal officials for money for violating their constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit explained that the U.S. Supreme Court’s precedent, as well as its own, meant prisoners…
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Eagle County judge’s mistake prompts appeals court to overturn sex assault convictions
An Eagle County judge neglected to declare a mistrial when the COVID-19 pandemic forced a postponement of the defendant’s trial date, pushing the proceedings outside of the speedy trial deadline and prompting Colorado’s second-highest court to overturn the convictions. The federal and state constitutions guarantee defendants the right to a speedy trial. In Colorado, that…