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Epps v. City and County of Denver, CO, Supplemental Expert Report of Norman Stamper, Excessive Force- Protesting, 2022
Brief • February 16, 2022
Filed under: Protests, Excessive Force
Epps v. City and County of Denver, CO, Supplemental Expert Report of Norman Stamper, Excessive Force- Protesting, 2022 IN THE UNITED STATES DISTRICT COURT OF THE DISTRICT COURT OF COLORADO Civil Action Nos. 1:20-cv-01878-RBJ & 1:20-cv-01922-RBJ-MEH (consolidated) ELISABETH EPPS, et al. Plaintiffs, v. CITY AND COUNTY OF DENVER, et al., …
Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis
Article • February 15, 2022 • from CLN March, 2022
Filed under: Drug Quantity, Simple Possession/Personal Use versus Distribution, Relevant Conduct
Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis by Douglas Ankney by Douglas Ankney  In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting …
Jarvis v. Correct Care Solutions, LLC, CO, Deposition of Thomas Fowlkes, Medical Neglect, 2022
Brief • February 4, 2022
Filed under: Failure to Treat
Jarvis v. Correct Care Solutions, LLC, CO, Deposition of Thomas Fowlkes, Medical Neglect, 2022 THOMAS FOWLKES, M.D. - FEBRUARY 24, 2022 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 1 2 Civil Action No. 1:20-cv-02028-DDD-GPG 3 ______________________________________________ 4 JAMES JARVIS, 5 6 Plaintiff, 7 8 v. 9 …
News in Brief
Article • January 15, 2022 • from CLN February, 2022
Filed under: News in Brief
News in Brief by Arizona: The family of a homeless and mentally ill man who died after being restrained by Phoenix cops in 2017 will get $5 million from the city, after a 7-2 city council vote in favor of the payment on November 17, 2021, according to a report …
Epps v. City and County Denver, CO, Rebuttal Expert Report of Norman Stamper, Excessive Force-Protesting, 2021
Brief • December 22, 2021
Filed under: Protests, Excessive Force
Epps v. City and County Denver, CO, Rebuttal Expert Report of Norman Stamper, Excessive Force-Protesting, 2021 CONTAINS REFERENCE TO MATERIALS DESIGNATED AS CONFIDENTIAL IN THE UNITED STATES DISTRICT COURT OF THE DISTRICT COURT OF COLORADO Civil Action Nos. 1:20-cv-01878-RBJ & 1:20-cv-01922-RBJ-MEH (consolidated) ELISABETH EPPS, et al. Plaintiffs, v. CITY AND …
Epps v. City and County of Denver, CO, Rebuttal Expert Report of Dr. Edward R. Maguire, Excessive Force-Protesting, 2021
Brief • December 22, 2021
Filed under: Protests, Excessive Force
Epps v. City and County of Denver, CO, Rebuttal Expert Report of Dr. Edward R. Maguire, Excessive Force-Protesting, 2021 IN THE UNITED STATES DISTRICT COURT OF THE DISTRICT COURT OF COLORADO Civil Action Nos. 1:20-cv-01878-RBJ & 1:20-cv-01922-RBJ-MEH (consolidated) ELISABETH EPPS, et al. Plaintiffs, v. CITY AND COUNTY OF DENVER, et …
News in Brief
Article • December 15, 2021 • from CLN January, 2022
Filed under: News in Brief
News in Brief by Arizona: Claims for $300,000 were filed in September 2021 against the city of Chandler, Arizona, in advance of a lawsuit planned by two activists arrested during a protest against police brutality six months earlier. According to a report by the Phoenix New Times, the men, Darien …
Rethinking the ‘Sex Offender’ Label
Article • December 15, 2021 • from CLN January, 2022
Filed under: Sex Offenders (Discrimination)
Rethinking the ‘Sex Offender’ Label by Derek Logue by Derek W. Logue, The Crime Report On Nov. 19, members of the Colorado Sex Offender Management Board (SOMB) took a critical first step in altering the language used to label those convicted of a sexual offense while in treatment towards a “person-first” perspective. …
Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications
Article • November 15, 2021 • from CLN December, 2021
Filed under: Sex Offender Registration, Juveniles, Constitution, U.S.
Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that mandatory lifetime sex offender registration for multiple sex offenses committed as a juvenile constitutes cruel and unusual punishment in violation of the …
Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior
Article • November 15, 2021 • from CLN December, 2021
Filed under: junk science, Police--Excessive Force, Excessive Force (Police)
Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior by Michael Fortino, Ph.D by Michael Fortino, Ph.D. By the time Denver Police Department (“DPD”) officers handcuffed Anthony Sleets on July 7, 2021, he was already having a bad day. He had passed out in a hotel parking lot after …
Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search
Article • November 15, 2021 • from CLN December, 2021
Filed under: Police State-Surveillance, Warrantless Searches, Curtilege
Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado affirmed a decision of the Court of Appeals (“COA”), holding that a warrantless surveillance and recording of a home’s curtilage …
Jarvis v. Wellpath, CO, Expert Report Thomas Fowlkes, Medical Neglect, 2021
Brief • November 5, 2021
Filed under: Failure to Treat
Jarvis v. Wellpath, CO, Expert Report Thomas Fowlkes, Medical Neglect, 2021 Thomas D. Fowlkes, M.D. Re: Jarvis v. Wellpath, 20-cv-2028 Mr. Sargent, You asked me to review documents pertaining to the lawsuit brought by Mr. Jarvis against Wellpath and individual health care providers as well as the Mesa County Sheriff. …
News in Brief
Article • October 15, 2021 • from CLN November, 2021
Filed under: News in Brief
News in Brief by Alabama: A former Alabama cop convicted of murdering a mentally ill and suicidal man in his own home reported to a state prison in Montgomery on September 6, 2021, to begin serving a 25-year sentence he received for the crime, according to Huntsville TV station WAFF. …
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b)
Article • October 15, 2021 • from CLN November, 2021
Filed under: First Step Act, Resentencing
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred in relying on the …
Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability
Article • September 15, 2021 • from CLN October, 2021
Filed under: Particularity Requirement, Fourth Amendment
Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit held that a search warrant authorizing seizure of “any item identified as being …
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility
Article • September 15, 2021 • from CLN October, 2021
Filed under: First Step Act, Sentencing Goals/Purposes/Practices
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant …
Dementia Patient Wins $3 Million Settlement After Beat-Down by Colorado Cops
Article • September 10, 2021
Filed under: Failure to Treat, Settlements, Mental Health, Excessive Force (Police)
Dementia Patient Wins $3 Million Settlement After Beat-Down by Colorado Cops by An elderly woman with dementia who suffered a fractured shoulder when a pair of Colorado cops wrestled her to the ground in June 2020—over $13.88 worth of merchandise she’d forgotten to pay for—won a $3 million settlement on …
Colorado Grand Jury Indicts Three Cops, Two Paramedics for Elijah McClain’s Death
Article • September 2, 2021
Filed under: Police--Excessive Force, Racial Profiling
Colorado Grand Jury Indicts Three Cops, Two Paramedics for Elijah McClain’s Death by On September 1, 2021, Colorado Attorney General Phil Weiser (D) announced that a grand jury had indicted three Aurora cops and two paramedics in the August 2019 death of Elijah McClain, an unarmed 23-year-old Black man. Weiser …
White Colorado Cop Hired Despite Prison Record Resigns After Beating Black Suspect
Article • August 23, 2021
Filed under: Police Misconduct, Excessive Force (Police), Racial Profiling
White Colorado Cop Hired Despite Prison Record Resigns After Beating Black Suspect by A white Colorado police officer has resigned and is facing felony assault charges for brutally beating a Black suspect on July 23, 2021. It turns out the officer was hired despite having a prison record for drunkenly …
Constitutional Protections No Protection for Colorado Man Killed by Police
Article • August 15, 2021 • from CLN September, 2021
Filed under: Police--Excessive Force
Constitutional Protections No Protection for Colorado Man Killed by Police by Casey Bastian by Casey J. Bastian The death of Elijah McClain after a violent encounter with law enforcement in August, 2019, sparked local protests in Aurora, Colorado. In response to the inadequate departmental oversight, the Aurora City Council appointed …
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