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Colorado Immunity Law
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Tyler Luethje v. Travis Kyle; Scott Kelly
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Denver, Colorado, personal injury lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories.
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 claim ... More...
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(03-19-2025 - CO)
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Wayne Dean Wieber v. Matthew Porter, et al.
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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.
* * *
Over the course of more than ten years, disputes between Mr. Wieber and his
neighbors generated so many calls to the City of Golden Police Department that in
Oc... More...
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(02-27-2025 - CO)
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Joel Hernandez v. Tim Norton; Elbert County Sheriff's Office; Mike Skalisky
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Denver, Colorado personal injury lawyer represented the Plaintiff who sued on a civil rights violation theory.
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...
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(01-02-2025 - CO)
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Dennis Mundt v. Carmille Gadziala and Joi Johnson
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Denver, Colorado civil rights lawyer represented the Plaintiff, who claimed that the defendants violated his constitutional rights.
Dennis Mundt claimed two Douglas County, Colorado Department of Human
Services (“DHS”) caseworkers, Camille Gadziala and Joi Johnson, violated his
Fourth and Fourteenth Amendment rights by knowingly removing his fourteen-yearold
... More...
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(12-12-2024 - CO)
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United States of America v. State of Oklahoma, et al.
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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.
D.C. is a minor child who was born in April 2008. Soon thereafter, she was
diagnosed with cerebral palsy. Gutteridge is her limited guardian. <... More...
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(01-15-2022 - CO)
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Pamela Smith v. Tulsa County District Attorney, et al.
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Denver, CO - Criminal defense lawyer represented defendant with an
alleged sexual assault of Ms. Smith when she was an inmate.
This appeal grew out of a state employee’s alleged sexual assault of
Ms. Pamela Smith when she was an inmate. Ms. Smith unsuccessfully sued
the employee in a prior suit. Ms. Smith then br... More...
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(12-20-2021 - CO)
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United States of America v. Reverend Matthew Hale
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Denver, CO - Religious Discrimination lawyer represented defendant
with suing the Federal Bureau of Prisons and some of its officers and employees (collectively, BOP) for religious discrimination.
Mr. Hale is “a minister in The Church of the Creator,” which “embraces and
espouses the religion of Creativity.” R.... More...
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(12-19-2021 - CO)
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Jeriel Edwards v. City of Muskogee and Police Officers Greg Foreman, Steven Harmon, Bobby Lee, and Dillon
Swaim
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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.
Shortly after 10 p.m. on October 25, 2016, Officer Foreman was on pa... More...
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(11-05-2021 - CO)
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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
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Denver, CO - Criminal defense lawyer represented defendant with a violation of the Fourteenth Amendment’s Due Process Clause.
The parties attribute the priapism to a pill that Mr. Lance obtained
from another inmate. He took the pill on a Thursday evening and awoke the
next morning with an erection that would... More...
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(11-03-2021 - CO)
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JERIEL EDWARDS v. CITY OF MUSKOGEE, OKLAHOMA
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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
Shortly after 10 p.m. on O... More...
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(11-03-2021 - CO)
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JOAN (FARR) HEFFINGTON, et al. v. DEPARTMENT OF DEFENSE OF
THE UNITED STATES
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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.
She brought claims on behalf of herself and her deceased father against the
United States Department of Defense for violatio... More...
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(09-08-2021 - CO)
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Billy F. May v. Juan Segovia
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Billy F. May, a former federal prisoner, brought this action in federal district
court under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Mr. May
claims he was denied his due process rights as a prisoner when he was quarantined
without a hearing during a scabies infestation at the prison. The magistrate judge
granted Mr. Segovia summary judgment on two issues: first, th... More...
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(07-12-2019 - CO)
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Jerud Butler v. Board of County Commissioners for San Miguel County
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The First Amendment protects a government employees speech (1) made as a
citizen (2) on a matter of public concern (3) if the employees right to speak
outweighs the governments interest as an employer in an efficient workplace. These
are the first three step... More...
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(03-30-2019 - CO)
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Kenneth R. Zartner v. Shawn L. Miller
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Denver, Colorado - Civil Rights, Personal Injury, Lawyers
This appeal grew out of Officer Shawn Miller�s handcuffing of Mr.
Kenneth Zartner during an arrest. In the aftermath, Mr. Zartner sued
Officer Miller under 42 U.S.C. � 1983, claiming excessive force by making
the handcuffs too tight.1 Officer Miller moved for summary judgment based
on qualified immunity, and the... More...
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(01-09-2019 - CO)
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Jane Doe v. April Woodard
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Denver, CO: Personal injury lawyer represented I.B., a minor child, and her mother, Jane Doe (collectively, �Does�), claim that
April Woodard, a caseworker from the El Paso County Department of Human Services
(�DHS�), a state agency, wrongfully searched I.B. at the Head Start preschool program
in Colorado Springs. Without consent or a warrant, Ms. Woodard partially undressedMore...
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(01-04-2019 - CO)
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The Estate of Joseph C. "Trey" Duke, III v. Gunnison County Sheriff's Office, et al.
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Denver, Colorado civil rights lawyer represented the Estate of Joseph C. "Trey" Duke, III
Following Joseph Duke�s untimely death while in the custody of the Gunnison
County Sheriff�s Office (�GCSO�), Duke�s parents and his estate filed suit against
GCSO and several of its employees. We agree with the district court that the
individual defendants are entitled to qualified ... More...
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(11-29-2018 - CO)
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Ryan Lee v. Todd Tucker; Mark O'Harold; Amanda Weiss; Chad Walker
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Ryan Lee sued four Douglas County Sheriff�s Deputies, pursuant to 42 U.S.C.
1983, alleging violations of his First and Fourth Amendment rights. The
defendants moved for summary judgment, arguing that Lee�s rights were not
violated, and even if his rights were violated, that they were entitled to qualified
immunity. The district court granted the defendants� motion in part and... More...
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(09-28-2018 - CO)
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Ryan Lee v. Todd Tucker
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Ryan Lee sued four Douglas County Sheriffs Deputies, pursuant to 42 U.S.C.
1983, alleging violations of his First and Fourth Amendment rights. The
defendants moved for summary judgment, arguing that Lees rights were not
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violated, and even if his rights wer... More...
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(09-25-2018 - CO)
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The People of the State of Colorado v. Curtis A. Brooks
MORELAW Legal Services Marketing
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This case presents the question of whether Colorados recently enacted
sentencing scheme for juvenile offenders who received unconstitutional mandatory
sentences to life in prison without the possibility of parole (LWOP) violates the
Special Legislation Clause of the Colorado Constitution. We conclude that it does not.
2 Based on acts that Brooks committed when he was fifte... More...
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(09-18-2018 - CO)
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Lawrence Rubin Montoya v. Detective Martin E. Vigil, et al.
District of Colorado Federal Courthouse - Denver, Colorado
Morelaw Internet Marketing
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888-354-4529
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A jury convicted fourteen-year-old Lawrence Montoya for the New Years
Day murder of a teacher from his school. After serving over thirteen years in
prison, Montoya brought post-conviction claims for ineffective assistance of
counsel and actual innocence. The prosecution agreed to a compromise resulting
in Montoyas release from prison. He then sued several detectives involved in t... More...
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(08-10-2018 - CO)
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The People of the State of Colorado v. David Delbert Rediger
Supreme Court of the State of Colorado
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David Rediger drove to the Rocky Mountain Youth Academy (the Academy)
a nonprofit day treatment school that serves students who are not succeeding in public
schoolto speak with Stacey Holland, the Academys owner and director. Holland and
her husband had accused Rediger of stealing hay from their property, and Rediger
intended to speak with Holland about the theft charges a... More...
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(05-02-2018 - CO)
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Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al.
District of Colorado Federal Courthouse - Denver, Colorado
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This appeal addresses whether immigration detainees housed in a private contract
detention facility in Aurora, Colorado (the Aurora Facility) may bring claims as a class
under (1) 18 U.S.C. 1589, a provision of the Trafficking Victims Protection Act (the
TVPA) that prohibits forced labor; and (2) Colorado unjust enrichment law.
The GEO Group, Inc. (GEO) owns and operates th... More...
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(02-10-2018 - CO)
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Mary M. Mayotte v. U.S. Bank National Association
District of Colorado Federal Courthouse - Denver, Colorado
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On this appeal the parties have asked us to determine how, or even whether, an
importantbut subtle and often confusingdoctrine limiting federal-court jurisdiction
should apply to a unique Colorado procedure for nonjudicial foreclosure of mortgages.
The jurisdictional doctrine is the Rooker-Feldman doctrine, which forbids lower federal
courts from reviewing state-court c... More...
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(01-23-2018 - CO)
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Kent Vu Phan v. Christopher C. Cross, Judge, et al.
Tenth Circuit Court of Appeals Courthouse - Denver, Colorado
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Proceeding pro se,1 Kent Vu Phan appeals the district courts 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. 1210112213. We affirm.
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Phan filed two lawsuits in state court and received unfavorable judgments in
both. He later brought suit in federal district court against the presiding judges andMore...
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(11-06-2017 - CO)
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Matthew Gadd v. Jonathan Campbell
Tenth Circuit Court of Appeals Courthouse - Denver, Colorado
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In this interlocutory appeal, Defendant Jonathan Campbell, a South Jordan
City, Utah, police officer, challenges the district courts decision to deny him
qualified immunity from Plaintiff Matthew Gadds 42 U.S.C. 1983 claim. Having
jurisdiction under 28 U.S.C. 1291, see Mitchell v. Forsyth, 472 U.S. 511, 524-30
(1985), we REVERSE because Gadd has failed to show that Officer Ca... More...
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(10-26-2017 - CO)
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T.D. v. Kelcey Patton
United States Court of Appeals - Denver, Colorado
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T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to
substantive due process. He relies on a “danger-creation theory,” which provides that
“state officials can be liable for the acts of third parties where those officials created the
danger that caused the harm.” Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001)
(quotations omitted).1
... More...
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(08-30-2017 - CO)
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Safe Streets Alliance v. John W. Hickenlooper
Tenth Circuit Court of Appeals - Denver, Colorado
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These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, 16. Amendment 64 repealed many of the States criminal and
civil proscriptions on recreational marijuana,1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t... More...
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(06-07-2017 - CO)
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Stephen Thene Sparks v. Tejinder Singh; Ted Laurnce
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Stephen Thene Sparks, a Colorado inmate, appeals the district courts grant of
summary judgment to physician assistants Tejinder Singh and Ted Laurence on his
claim that they violated his Eighth Amendment rights by failing to diagnose and treat
his diabetes. Exercising jurisdiction under 28 U.S.C. 1291, we affirm the district
courts judgment.
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I. BACKGROUND
A. D... More...
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(05-31-2017 - CO)
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St. Varian Valley School District RE-1J v. Alexa Rae Loveland
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1 This is the latest chapter in the legal saga of a young girl who was seriously
injured on her elementary school playground in late 2008. Alexa Rae Loveland, then
nine years old, fell while using the playgrounds zip line apparatus and severely
fractured her wrist and forearm. Alexa and her parents filed a tort action against the
school district, seeking damages for Alexas injur... More...
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(05-22-2017 - CO)
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Tammy Fisher v. Brian Koopman
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After an investigation spearheaded by Detective Brian Koopman, the Loveland
Police Department (the Department) accused former police officer Tammy Fisher
of alerting friends to a child pornography investigationallowing the friends to
delete files from their computers hard drive before the police executed a search
warrant. The Department ultimately decided not to pursue any off... More...
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(05-23-2017 - CO)
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Michael Valdez v. Peter Derrik, III, John MacDonald, Robert Motyka, Jr., Jeff Motz and Karl Roller
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Five police officers, the individual defendants in this case, appeal the district
courts denial of their motion to dismiss, based on qualified immunity, five of the six
claims asserted against them by Michael Valdez under 42 U.S.C. 1983, 1985, and
1986. We exercise jurisdiction under 28 U.S.C. 1291 and reverse.
I. Background
The following facts are alleged in the amended ... More...
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(03-13-2017 - CO)
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Fleury v. IntraWest Winter Park Operations Corp
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In this case, we determine whether an avalanche that occurs within the bounds
of a ski resort qualifies as an inherent danger[] and risk[] of skiing under the Ski
Safety Act of 1979, 33-44-101 to -114, C.R.S. (2015) (the SSA or Act). If so, the
statute would preclude skiers from bringing claims against ski area operators for
injuries resulting from these kinds of aval... More...
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(06-02-2016 - CO)
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Open Door Ministries v. Lipschuetz
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In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (the City)1 issued to Open Door Ministries
(Open Door). Lipschuetzwho owns a property adjacent to Open Doors property
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin... More...
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(05-24-2016 - CO)
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Fabian Sebastian, v. Douglas County, Colorado; Douglas County Sheriffs Office; David A. Weaver, Douglas County Sheriff; and Greg A. Black, Douglas County Sheriffs Deputy.
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Petitioner Fabian Sebastian filed an action under 42 U.S.C. 1983 (2014) against
respondents Douglas County, Colorado, the Douglas County Sheriffs Office, Douglas
County Sheriff David A. Weaver, and Sheriffs Deputy Greg A. Black (the County),
alleging that his Fourth Amendment right to be free from unreasonable seizures was
violated when he was attacked by a K9 police dog... More...
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(02-29-2016 - CO)
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Sara L. Burnett v. State of Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation.
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In this case, we address whether the government waived its immunity for
injuries petitioner Sara Burnett sustained when a tree limb fell on her as she camped
below in a designated campsite in Cherry Creek State Park. The answer turns on
whether the tree was a natural condition of . . . unimproved property under section
24-10-106(1)(e), C.R.S. (2014), of the Colorado Governme... More...
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(02-02-2016 - CO)
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The People of the State of Colorado v. Robert Keith Ray
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On July 4, 2004, defendant attended an outdoor musical event
at Lowry Park in Aurora. Also attending were defendants wife,
defendants sister, and defendants friend, Sir Mario Owens. As the
event was ending, defendants wife and sister attempted to drive
their vehicle out of the parking lot, but pedestrians leaving the
event refused to move and then insulted the women.... More...
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(12-11-2015 - CO)
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Charles D. Leone, II v. Steven C. Owsley; Drew M. Hayworth
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In 2012, appellant Charles D. Leone II resigned his position as a principal
of Madison Street Partners, LLC (MSP). Pursuant to the terms of MSPs
Operating Agreement, fellow principals Steven Owsley and Drew Hayworth
elected to buy Leones interest in MSP. The agreement required the purchase
price to be set at fair market value, as determined in good faith by MSPs
managers, ... More...
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(11-25-2015 - CO)
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Gina Holub v. Chris Gdowski
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After Adams 12 Five Star Schools terminated Gina Holubs employment as an
internal auditor for the School District, she brought this action against the School
District and two of its officials, Superintendent Chris Gdowski and Chief Financial
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Officer Shelley Becker. Holub raised First Amendment and state law claims, alleging
the defendants terminated her employment in retalia... More...
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(09-24-2015 - CO)
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Jacob Ind v. Colorado Department of Corrections
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Appellee Jacob Ind has been incarcerated in Colorado state prisons since
1992. At the time he filed this lawsuit on March 13, 2009, he was in
administrative segregation at the Colorado State Penitentiary (CSP) subject to
a limit of two personal books imposed by the Colorado Department of Corrections
(CDOC). Mr. Ind filed this action pursuant to 42 U.S.C. 1983, claiming theMore...
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(09-11-2015 - CO)
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Wayne McDonald v. Leslie Branch Wise
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Former mayoral appointee, Wayne McDonald, filed this action under 42
U.S.C. § 1983 and Colorado state law after he was terminated from his position
with the City of Denver based on the complaint of Officer Leslie Wise that he had
sexually harassed her. He sued the Mayor of Denver, the Mayor’s press
secretary, and the City and County of Denver for due process violations, breachMore...
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(10-28-2014 - CO)
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