Colorado Immunity Law
<h2> <center> Tyler Luethje v. Travis Kyle; Scott Kelly </h2> </center>
Denver, Colorado, personal injury lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories.<br> <br> Mr. Luethje sued Mr. Kyle and Mr. Kelly under 42 U.S.C. § 1983, asserting claims under the Fourth Amendment for (1) unlawful entry and search of his home, (2) unlawful arrest, and (3) unlawful use of excessive force. He also brought a failure to intervene clai... More...
$0 (03-19-2025 - CO)<h2> <center> Wayne Dean Wieber v. Matthew Porter, et al. </h2> </center>
Denver, Colorado civil rights lawyer represented the Plaintiff who claimed that he was wrongfully arrested on a warrantless arrest for witness retaliation and seizure of his cell phone pursuant to a warrant.<br> <br> * * *<br> <br> Over the course of more than ten years, disputes between Mr. Wieber and his<br> neighbors generated so many calls to the City of Golden Police Department that in<br> Oc... More...
$0 (02-27-2025 - CO)<h2> <center> Joel Hernandez v. Tim Norton; Elbert County Sheriff's Office; Mike Skalisky </h2> </center>
Denver, Colorado personal injury lawyer represented the Plaintiff who sued on a civil rights violation theory.<br> <br> Joel Hernandez was wounded when a police officer unintentionally shot him while he was hiding under a cover in the back of a pickup. The district court concluded that the officer was entitled to qualified immunity because our cases do not clearly establish that an unintentional s... More...
$0 (01-02-2025 - CO)<h2> <center> Dennis Mundt v. Carmille Gadziala and Joi Johnson </h2> </center>
<h2><br> Denver, Colorado civil rights lawyer represented the Plaintiff, who claimed that the defendants violated his constitutional rights.<br> </h2><br> Dennis Mundt claimed two Douglas County, Colorado Department of Human<br> Services (“DHSâ€) caseworkers, Camille Gadziala and Joi Johnson, violated his<br> Fourth and Fourteenth Amendment rights by knowingly removing his fourteen-year... More...
$0 (12-12-2024 - CO)<h2><center> United States of America v. State of Oklahoma, et al. </h2></center>
<center><h2><font color="red"> Denver, CO - Human Services lawyer represented Plaintiff - Appellant with two claims arising from injuries suffered by D.C., a child who was then in Oklahoma’s foster-care system. </h2></font></b></i></center><br> <br> D.C. is a minor child who was born in April 2008. Soon thereafter, she was <br> diagnosed with cerebral palsy. Gutteridge is her limited guardi... More...
$0 (01-15-2022 - CO)<h2><center> Pamela Smith v. Tulsa County District Attorney, et al. </h2></center>
<center><h2><font color="red"> Denver, CO - Criminal defense lawyer represented defendant with an <br> alleged sexual assault of Ms. Smith when she was an inmate. </h2></font></b></i></center><br> <br> This appeal grew out of a state employee’s alleged sexual assault of <br> Ms. Pamela Smith when she was an inmate. Ms. Smith unsuccessfully sued<br> the employee in a prior suit. Ms. Smith th... More...
$0 (12-20-2021 - CO)<h2><center> United States of America v. Reverend Matthew Hale </h2></center>
<center><h2><font color="red"> Denver, CO - Religious Discrimination lawyer represented defendant <br> with suing the Federal Bureau of Prisons and some of its officers and employees (collectively, BOP) for religious discrimination. </h2></font></b></i></center><br> <br> Mr. Hale is “a minister in The Church of the Creator,†which “embraces and <br> espouses the religion of Creat... More...
$0 (12-19-2021 - CO)<h2><center> Jeriel Edwards v. City of Muskogee and Police Officers Greg Foreman, Steven Harmon, Bobby Lee, and Dillon Swaim </h2></center>
<center><h2><font color="red"><center> Denver, CO - Criminal defense lawyer represented defendant charged with driving under the influence of drugs (a felony), resisting an officer (a misdemeanor), and possessing a controlled dangerous substance (two felony counts—PCP and Xanax) charges. </h2></font></b></i></center><br> <br> Shortly after 10 p.m. on October 25, 2016, Officer Foreman was ... More...
$0 (11-05-2021 - CO)<h2><center> DUSTIN LANCE v. CHRIS MORRIS, Sheriff of Pittsburg County, Oklahoma, in his official capacity; MIKE SMEAD, in his individual capacity; DAKOTA MORGAN, in his individual capacity EDWARD MORGAN, in his individual capacity; DANIEL HARPER, in his individual capacity and MCALESTER REGIONAL HEALTH CENTER AUTHORITY, d/b/a McAlester Regional Hospital; BOARD OF COUNTY COMMISSIONERS OF PITTSBURG COUNTY, OKLAHOMA; STEPHEN SPARKS, in his individual capacity; JOEL KERNS, former Sheriff of Pittsburg County, in his individual capacity </h2></center>
<center><h2><font color="red"><center> Denver, CO - Criminal defense lawyer represented defendant with a violation of the Fourteenth Amendment’s Due Process Clause. </h2></font></b></i></center><br> <br> The parties attribute the priapism to a pill that Mr. Lance obtained <br> from another inmate. He took the pill on a Thursday evening and awoke the <br> next morning with an erection that ... More...
$0 (11-03-2021 - CO)<center> <h2> JERIEL EDWARDS v. CITY OF MUSKOGEE, OKLAHOMA </h2> </center>
<center><h2><font color="red"><center> Denver, CO - Criminal defense lawyer represented defendant with a driving under the influence charge. He now appeals from a district-court order granting summary judgment to City of Muskogee Police Officers Greg Foreman, Steven Harmon, Bobby Lee, and Dillon Swaim on his excessive-force claims </h2></font></b></i></center><br> <br> Shortly after 10 p.m. on O... More...
$0 (11-03-2021 - CO)<h2><center> JOAN (FARR) HEFFINGTON, et al. v. DEPARTMENT OF DEFENSE OF THE UNITED STATES </h2></center>
<center><h2><font color="red"><center> Denver, CO - Personal Damages lawyer represented Plaintiff-Appellant with seeking damages arising out of the death of her father, who was killed in military action during the Vietnam War claim. </h2></font></b></i></center><br> <br> She brought claims on behalf of herself and her deceased father against the<br> United States Department of Defense for violatio... More...
$0 (09-08-2021 - CO)<center> <h2> Billy F. May v. Juan Segovia </h2> </center>
Billy F. May, a former federal prisoner, brought this action in federal district<br> court under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Mr. May<br> claims he was denied his due process rights as a prisoner when he was quarantined<br> without a hearing during a scabies infestation at the prison. The magistrate judge<br> granted Mr. Segovia summary judgment on two issues: first, th... More...
$0 (07-12-2019 - CO)<center> <h2> Jerud Butler v. Board of County Commissioners for San Miguel County </h2> </center>
<center><br> <img width="300" src="http://www.cod.uscourts.gov/portals/0/Images/usdc/ArrajAtNight.png"><br> </center><br> <br> The First Amendment protects a government employee’s speech (1) made as a<br> citizen (2) on a matter of public concern (3) if the employee’s right to speak<br> outweighs the government’s interest as an employer in an efficient workplace. These<br> are the first thre... More...
$0 (03-30-2019 - CO)<center> <h2> Kenneth R. Zartner v. Shawn L. Miller </h2> </center>
Denver, Colorado - Civil Rights, Personal Injury, Lawyers<br> <br> This appeal grew out of Officer Shawn Miller�s handcuffing of Mr.<br> Kenneth Zartner during an arrest. In the aftermath, Mr. Zartner sued<br> Officer Miller under 42 U.S.C. � 1983, claiming excessive force by making<br> the handcuffs too tight.1 Officer Miller moved for summary judgment based<br> on qualified immunity, a... More...
$0 (01-09-2019 - CO)<center> <h2> Jane Doe v. April Woodard </h2> </center>
Denver, CO: Personal injury lawyer represented I.B., a minor child, and her mother, Jane Doe (collectively, �Does�), claim that<br> April Woodard, a caseworker from the El Paso County Department of Human Services<br> (�DHS�), a state agency, wrongfully searched I.B. at the Head Start preschool program<br> in Colorado Springs. Without consent or a warrant, Ms. Woodard partially ... More...
$0 (01-04-2019 - CO)<center> <h2> The Estate of Joseph C. "Trey" Duke, III v. Gunnison County Sheriff's Office, et al. </h2> </center>
Denver, Colorado civil rights lawyer represented the Estate of Joseph C. "Trey" Duke, III<br> Following Joseph Duke�s untimely death while in the custody of the Gunnison<br> County Sheriff�s Office (�GCSO�), Duke�s parents and his estate filed suit against<br> GCSO and several of its employees. We agree with the district court that the<br> individual defendants are entitle... More...
$0 (11-29-2018 - CO)<center> <h2> Ryan Lee v. Todd Tucker; Mark O'Harold; Amanda Weiss; Chad Walker </h2> </center>
Ryan Lee sued four Douglas County Sheriff�s Deputies, pursuant to 42 U.S.C.<br> 1983, alleging violations of his First and Fourth Amendment rights. The<br> defendants moved for summary judgment, arguing that Lee�s rights were not<br> violated, and even if his rights were violated, that they were entitled to qualified<br> immunity. The district court granted the defendants� motion in... More...
$0 (09-28-2018 - CO)<center> <h2> Ryan Lee v. Todd Tucker </h2> </center>
<center><br> <img width="300" src="http://www.cod.uscourts.gov/portals/0/Images/usdc/ArrajAtNight.png"><br> </center><br> Ryan Lee sued four Douglas County Sheriff’s Deputies, pursuant to 42 U.S.C.<br> § 1983, alleging violations of his First and Fourth Amendment rights. The<br> defendants moved for summary judgment, arguing that Lee’s rights were not<br> 2<br> violated, and even if his right... More...
$0 (09-25-2018 - CO)<Center><h2>The People of the State of Colorado v. Curtis A. Brooks</h2> <table> <td> <img width="300" src=" http://www.cpr.org/sites/default/files/styles/full-width/public/images/curtis-brooks2.jpg?itok=0UmgK2iX"> <center </td> </table></center><center><h2><FONT COLOR="black"> </FONT> </h2> <center><font color="red"><h1> MORELAW Legal Services Marketing </h1></font> <h2><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new">Your Source For Marketing Your Firm Nationwide . Completely Free Marketing If It Does Not Work. </a></h2> </center>
This case presents the question of whether Colorado’s recently enacted <br> sentencing scheme for juvenile offenders who received unconstitutional mandatory <br> sentences to life in prison without the possibility of parole (“LWOP”) violates the <br> Special Legislation Clause of the Colorado Constitution. We conclude that it does not. <br> ¶2 Based on acts that Brooks committed when he wa... More...
$0 (09-18-2018 - CO)<center> <h2> Lawrence Rubin Montoya v. Detective Martin E. Vigil, et al. <br> <img width="300" src="http://www.cod.uscourts.gov/portals/0/Images/usdc/ArrajAtNight.png"> <br> District of Colorado Federal Courthouse - Denver, Colorado <p> <font color="red">Morelaw Internet Marketing</a></font> <br> <center><font color="red"><a href="http://www.morelaw.com/lawyers/recent.asp" target="_new"> National Find A Lawyer Directory</a> </font> <br> 888-354-4529 </h2> </center> </font>
A jury convicted fourteen-year-old Lawrence Montoya for the New Year’s<br> Day murder of a teacher from his school. After serving over thirteen years in<br> prison, Montoya brought post-conviction claims for ineffective assistance of<br> counsel and actual innocence. The prosecution agreed to a compromise resulting<br> in Montoya’s release from prison. He then sued several detectives involved ... More...
$0 (08-10-2018 - CO)<center><h2>The People of the State of Colorado v. David Delbert Rediger</h2> <table> <td> <img width="300" src="https://sasscer.files.wordpress.com/2015/06/colorado-supreme-court-building.jpg"> </td> </table></center><center><h2><FONT COLOR="black">Supreme Court of the State of Colorado </FONT> </h2>
David Rediger drove to the Rocky Mountain Youth Academy (the “Academy”)—<br> a nonprofit day treatment school that serves students who are not succeeding in public <br> school—to speak with Stacey Holland, the Academy’s owner and director. Holland and <br> her husband had accused Rediger of stealing hay from their property, and Rediger <br> intended to speak with Holland about the theft... More...
$0 (05-02-2018 - CO)<center> <h2> Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al. <P> <img width="300" src="http://www.cod.uscourts.gov/portals/0/Images/usdc/ArrajAtNight.png"> <P> District of Colorado Federal Courthouse - Denver, Colorado </h2> </center>
This appeal addresses whether immigration detainees housed in a private contract<br> detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class<br> under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act (the<br> “TVPA”) that prohibits forced labor; and (2) Colorado unjust enrichment law.<br> The GEO Group, Inc. (“GEO”) owns an... More...
$0 (02-10-2018 - CO)<center> <h2> Mary M. Mayotte v. U.S. Bank National Association <P> <img width="300" src="http://www.cod.uscourts.gov/portals/0/Images/usdc/ArrajAtNight.png"> <P> District of Colorado Federal Courthouse - Denver, Colorado </h2> </center>
On this appeal the parties have asked us to determine how, or even whether, an<br> important—but subtle and often confusing—doctrine limiting federal-court jurisdiction<br> should apply to a unique Colorado procedure for “nonjudicial” foreclosure of mortgages.<br> <br> The jurisdictional doctrine is <b>the Rooker-Feldman doctrine, which forbids lower federal<br> courts from reviewing state... More...
$0 (01-23-2018 - CO)<center> <h2> Kent Vu Phan v. Christopher C. Cross, Judge, et al. <P> <img width="300" src="https://www.ca10.uscourts.gov/sites/all/themes/ca10/assets/img/slide2.jpg"> <P> Tenth Circuit Court of Appeals Courthouse - Denver, Colorado </h2> </center>
Proceeding pro se,1 Kent Vu Phan appeals the district court’s dismissal of his claims under 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. §§ 12101–12213. We affirm.<br> 2<br> Phan filed two lawsuits in state court and received unfavorable judgments in<br> both. He later brought suit in federal district court against the presiding judge... More...
$0 (11-06-2017 - CO)<center> <h2> Matthew Gadd v. Jonathan Campbell <P> <img width="300" src="https://www.ca10.uscourts.gov/sites/all/themes/ca10/assets/img/slide2.jpg"> <P> Tenth Circuit Court of Appeals Courthouse - Denver, Colorado </h2> </center>
In this interlocutory appeal, Defendant Jonathan Campbell, a South Jordan<br> City, Utah, police officer, challenges the district court’s decision to deny him<br> qualified immunity from Plaintiff Matthew Gadd’s 42 U.S.C. § 1983 claim. Having<br> jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 524-30<br> (1985), we REVERSE because Gadd has failed to show that Offi... More...
$0 (10-26-2017 - CO)<center> </h2> T.D. v. Kelcey Patton <p> <img width="300" src="http://www.ca10.uscourts.gov/sites/all/themes/ca10/assets/img/slide2.jpg"> <P> United States Court of Appeals - Denver, Colorado </h2> </center>
T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to<br> substantive due process. He relies on a “danger-creation theory,†which provides that<br> “state officials can be liable for the acts of third parties where those officials created the<br> danger that caused the harm.†Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001)<br> (quotations ... More...
$0 (08-30-2017 - CO)<center> <h2> Safe Streets Alliance v. John W. Hickenlooper <P> <img width="300" src="https://www.ca10.uscourts.gov/sites/all/themes/ca10/assets/img/slide2.jpg"> <P> Tenth Circuit Court of Appeals - Denver, Colorado </h2> </center>
These three appeals arise from two cases that concern the passage,<br> implementation, and alleged effects of Amendment 64 to the Colorado Constitution,<br> Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and<br> civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed<br> to ensure that marijuana is unadulterated and taxed... More...
$0 (06-07-2017 - CO)Stephen Thene Sparks v. Tejinder Singh; Ted Laurnce
Stephen Thene Sparks, a Colorado inmate, appeals the district court’s grant of<br> summary judgment to physician assistants Tejinder Singh and Ted Laurence on his<br> claim that they violated his Eighth Amendment rights by failing to diagnose and treat<br> his diabetes. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district<br> court’s judgment.<br> - 2 -<br> I. BACKGROUND<br>... More...
$0 (05-31-2017 - CO)St. Varian Valley School District RE-1J v. Alexa Rae Loveland
¶1 This is the latest chapter in the legal saga of a young girl who was seriously<br> injured on her elementary school playground in late 2008. Alexa Rae Loveland, then<br> nine years old, fell while using the playground’s zip line apparatus and severely<br> fractured her wrist and forearm. Alexa and her parents filed a tort action against the<br> school district, seeking damages for Alexa’s ... More...
$0 (05-22-2017 - CO)Tammy Fisher v. Brian Koopman
After an investigation spearheaded by Detective Brian Koopman, the Loveland<br> Police Department (the “Department”) accused former police officer Tammy Fisher<br> of alerting friends to a child pornography investigation—allowing the friends to<br> delete files from their computer’s hard drive before the police executed a search <br> warrant. The Department ultimately decided not to pursue... More...
$0 (05-23-2017 - CO)<center> <h2> Michael Valdez v. Peter Derrik, III, John MacDonald, Robert Motyka, Jr., Jeff Motz and Karl Roller </h2> <P> <img width="200" src="http://www.linearlawenforcement.com/wp-content/uploads/2014/07/DenverPolice.jpg"> </center>
Five police officers, the individual defendants in this case, appeal the district<br> court’s denial of their motion to dismiss, based on qualified immunity, five of the six<br> claims asserted against them by Michael Valdez under 42 U.S.C. §§ 1983, 1985, and<br> 1986. We exercise jurisdiction under 28 U.S.C. § 1291 and reverse.<br> I. Background<br> The following facts are alleged in the ame... More...
$0 (03-13-2017 - CO)Fleury v. IntraWest Winter Park Operations Corp
In this case, we determine whether an avalanche that occurs within the bounds <br> of a ski resort qualifies as an “inherent danger[] and risk[] of skiing” under the Ski <br> Safety Act of 1979, §§ 33-44-101 to -114, C.R.S. (2015) (the “SSA” or “Act”). If so, the <br> statute would preclude skiers from bringing claims against ski area operators for <br> injuries resulting from these... More...
$0 (06-02-2016 - CO)Open Door Ministries v. Lipschuetz
In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding <br> permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries <br> (“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—<br> filed claims against the City and Open Door seeking revocation of the permit. Open <br> Door filed cross-claims against th... More...
$0 (05-24-2016 - CO)Fabian Sebastian, v. Douglas County, Colorado; Douglas County Sheriff’s Office; David A. Weaver, Douglas County Sheriff; and Greg A. Black, Douglas County Sheriff’s Deputy.
Petitioner Fabian Sebastian filed an action under 42 U.S.C. § 1983 (2014) against <br> respondents Douglas County, Colorado, the Douglas County Sheriff’s Office, Douglas <br> County Sheriff David A. Weaver, and Sheriff’s Deputy Greg A. Black (“the County”), <br> alleging that his Fourth Amendment right to be free from unreasonable seizures was <br> violated when he was attacked by a K–9... More...
$0 (02-29-2016 - CO)Sara L. Burnett v. State of Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation.
In this case, we address whether the government waived its immunity for <br> injuries petitioner Sara Burnett sustained when a tree limb fell on her as she camped <br> below in a designated campsite in Cherry Creek State Park. The answer turns on <br> whether the tree was a “natural condition of . . . unimproved property” under section <br> 24-10-106(1)(e), C.R.S. (2014), of the Colorado Gove... More...
$0 (02-02-2016 - CO)The People of the State of Colorado v. Robert Keith Ray
On July 4, 2004, defendant attended an outdoor musical event <br> at Lowry Park in Aurora. Also attending were defendant’s wife, <br> defendant’s sister, and defendant’s friend, Sir Mario Owens. As the <br> event was ending, defendant’s wife and sister attempted to drive <br> their vehicle out of the parking lot, but pedestrians leaving the <br> event refused to move and then insulted th... More...
$0 (12-11-2015 - CO)Charles D. Leone, II v. Steven C. Owsley; Drew M. Hayworth
In 2012, appellant Charles D. Leone II resigned his position as a principal<br> of Madison Street Partners, LLC (“MSP”). Pursuant to the terms of MSP’s<br> Operating Agreement, fellow principals Steven Owsley and Drew Hayworth<br> elected to buy Leone’s interest in MSP. The agreement required the purchase<br> price to be set at fair market value, as determined in good faith by MSP’s<br> ... More...
$0 (11-25-2015 - CO)Gina Holub v. Chris Gdowski
After Adams 12 Five Star Schools terminated Gina Holub’s employment as an<br> internal auditor for the School District, she brought this action against the School<br> District and two of its officials, Superintendent Chris Gdowski and Chief Financial<br> 2<br> Officer Shelley Becker. Holub raised First Amendment and state law claims, alleging<br> the defendants terminated her employment in retal... More...
$0 (09-24-2015 - CO)Jacob Ind v. Colorado Department of Corrections
Appellee Jacob Ind has been incarcerated in Colorado state prisons since<br> 1992. At the time he filed this lawsuit on March 13, 2009, he was in<br> administrative segregation at the Colorado State Penitentiary (“CSP”) subject to<br> a limit of two personal books imposed by the Colorado Department of Corrections<br> (“CDOC”). Mr. Ind filed this action pursuant to 42 U.S.C. § 1983, claimi... More...
$0 (09-11-2015 - CO)Wayne McDonald v. Leslie Branch Wise
Former mayoral appointee, Wayne McDonald, filed this action under 42<br> U.S.C. § 1983 and Colorado state law after he was terminated from his position<br> with the City of Denver based on the complaint of Officer Leslie Wise that he had<br> sexually harassed her. He sued the Mayor of Denver, the Mayor’s press<br> secretary, and the City and County of Denver for due process violations, b... More...
$0 (10-28-2014 - CO)