Tag: constitution
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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…
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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 sides with Golden officers in constitutional lawsuit over arrest, cell phone search
Members of the Golden Police Department did not violate a man’s clearly established rights when they arrested him on suspicion of retaliating against a witness and used a defective warrant to search his phone, the federal appeals court based in Denver ruled last week. Wayne Dean Wieber was involved in a long-running neighborhood dispute, to…