Tag: constitution
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‘A model example’: 10th Circuit OK’s Colorado’s non-discrimination requirement for universal pre-K
The Denver-based federal appeals court ruled on Tuesday that Colorado’s universal pre-kindergarten program does not violate the rights of religious preschool operators by requiring participating organizations to refrain from discriminating on the basis of sexual orientation and gender identity, among other characteristics. Two Catholic institutions, St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in…
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Federal judge dismisses challenge to prison policy forbidding assistance with certain legal claims
A federal judge on Friday dismissed a formerly incarcerated man’s challenge to Colorado’s prison policy that forbids the use of library resources for the pursuit of certain claims generally deemed frivolous. Robert Wayne Robinson sued the law librarian at the Buena Vista Correctional Facility and the former director of the Colorado Department of Corrections. He…
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10th Circuit reinstates constitutional challenge to Colorado ‘doxing’ law
The Denver-based federal appeals court reinstated a man’s constitutional challenge on Wednesday to a law prohibiting the online dissemination of certain personal identifying information, including the details of police officers, if doing so poses an imminent safety threat. Andrew Thomas Scott is a process server who attempted to deliver a subpoena at the home of…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Federal judge dismisses bulk of claims against UCCS, employees over instructor’s alleged predatory behavior
A federal judge on Monday dismissed several claims by a former University of Colorado Springs student pertaining to one professor’s alleged sexual misconduct towards her. Kristen Gearhart filed suit in April 2024 against the university, its chancellor, multiple employees and mathematics Prof. Mark Tomforde. She alleged Tomforde had a history of misconduct toward women at…
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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…
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Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
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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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Following 10th Circuit reversal, federal judge agrees man may sue Douglas County child caseworker
After the Denver-based federal appeals court found she improperly dismissed the lawsuit, a federal judge last week agreed that a father’s claims may proceed against a Douglas County child welfare worker who allegedly violated his constitutional rights while investigating suspected child abuse. Originally, U.S. District Court Judge Charlotte N. Sweeney dismissed the due process and…
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Federal judge allows Aurora protest leader to sue city, detective over prosecution
A federal judge last week declined to dismiss a malicious prosecution lawsuit against the city of Aurora and one of its detectives, brought by a 2020 protest leader who alleged there was no probable cause to arrest her. Eliza Lucero was involved in a protest outside an Aurora Police Department station in July 2020. She…