Tag: qualified immunity
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Federal judge dismisses excessive force lawsuit against Colorado Springs, officer
A federal judge concluded last week that a Colorado Springs police officer could not be held liable for shooting a suspect three times after the man menaced two victims with a gun and fled the scene. Al’morion Germany was involved in an altercation inside Nova nightclub around midnight in June 2024 that spilled onto the…
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10th Circuit grants immunity to officers for fatal Manitou Springs shooting
The Denver-based federal appeals court ruled on Wednesday that responding officers from Manitou Springs and El Paso County cannot be held constitutionally liable for shooting and killing a man after a 20-minute standoff. Wilford Deweese allegedly pulled out a gun in self-defense at a Manitou Springs bar, prompting a call to 911. Officers cornered him…
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Fort Collins officers who allegedly used taser on unarmed man in underwear to face jury trial
A federal judge green-lit a jury trial this month against multiple Fort Collins police officers on claims that they used excessive force on one man who was standing unarmed in his underwear and retaliated against another man for exercising his First Amendment right to record video. Several Fort Collins police officers converged late one night…
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10th Circuit agrees paramedic, officer not liable for constitutional violations in man’s death
The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death. Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in…
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10th Circuit tosses Pueblo County sheriff defendants’ appeal in fatal shooting lawsuit
The Denver-based federal appeals court rejected an attempt from Pueblo County sheriff’s employees on Wednesday to rely on their own version of the facts to escape liability for fatally shooting an unarmed man outside a middle school. A trial judge ruled last year that the defendants were not entitled to qualified immunity, a judicially created…
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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…
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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…
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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…
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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…
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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…