Tag: qualified immunity
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Federal judge declines to dismiss claims against prison officials for seizure-related death
A federal judge declined last month to dismiss the claims against numerous prison employees for a man’s in-custody death following several seizures and his repeated ingestion of liquified pain-numbing medication. The mother and minor children of Victor Esquivel sued the state’s corrections director, prison supervisors, corrections officers, medical employees and a medical staffing firm after…
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‘Utterly no precedent’: Federal judge expresses concerns about Jeffco’s early appeal in jail death case
A federal judge shared his concerns on Monday about Jefferson County’s appeal of a routine procedural order in a constitutional rights case, which the plaintiffs argued could spawn appeal-related delays in countless lawsuits against the government. During a hearing, U.S. District Court Judge S. Kato Crews noted he could find no decisions backing up the…
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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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Federal judge grants immunity to Colorado Springs paramedic, officer for man’s death
A federal judge has concluded that a Colorado Springs paramedic and police officer could not be held liable for their roles in restraining a man in mental health crisis, leading to his death. U.S. District Court Judge Charlotte N. Sweeney determined Sean Reed and Nick Fischer were entitled to qualified immunity, which is a judicial…
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10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…
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Appeals court rules Denver ordinance’s constitutionality has no bearing on lawfulness of arrest
Colorado’s second-highest court ruled on Thursday that regardless of whether a plaintiff could later show Denver’s ordinance was unconstitutional, arresting officers were acting with probable cause at the time and could not be held liable. A three-judge panel for the Court of Appeals pointed to a 1979 decision of the U.S. Supreme Court that indicated…
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Colorado Springs officers to face civil trial for luring man out of home, chasing him inside prior to death
A federal judge ruled last week that a jury will decide whether four Colorado Springs police officers violated a man’s constitutional rights by chasing him inside his home without a warrant and restraining him as he lay on the floor dying. Chad Alexander Burnett was mentally ill and allegedly behaving menacingly toward his neighbors. When…
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10th Circuit grants immunity to Elbert County sergeant for shooting unarmed man
The federal appeals court based in Denver ruled on Thursday that an Elbert County sheriff’s employee cannot be held liable for shooting an unarmed man who startled him. Joel Hernandez sued Sgt. Mike Skalisky for excessive force for shooting him at the Kiowa Industrial Park in March 2021. In response, Skalisky invoked qualified immunity, which…
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10th Circuit grants immunity to Grand Junction, Mesa County officers who fatally shot man 16 times
The federal appeals court based in Denver ruled last week that Grand Junction and Mesa County law enforcement officers could not be held liable for shooting and killing an allegedly mentally ill man in his driveway. The widow of Steve Alire sued multiple officers, plus the city and county themselves, for excessive force. The defendants…
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10th Circuit reinstates constitutional rights lawsuit against Douglas County child welfare workers
The federal appeals court based in Denver reinstated a father’s lawsuit on Thursday against two Douglas County child welfare workers, who allegedly violated his constitutional rights in their investigation of suspected child abuse. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit noted a trial judge had previously dismissed the lawsuit…