Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out by Alan Prendergast A hundred miles southwest of Denver, the U.S. Penitentiary Administrative Maximum houses a killer lineup of mobsters (Salvatore "Sammy the Bull" Gravano), gang leaders (Barry "The …
Tenth Circuit Upholds BOP Guard’s Abuse Convictions by Tenth Circuit Upholds BOP Guard's Abuse Convictions The Tenth Circuit Court of Appeals affirmed the convictions and sentences of three former prison guards for beating prisoners at the United States Penitentiary in Florence, Colorado, (USP-Florence). As we've previously reported, in 1997, the …
U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal by John Dannenberg by John E. Dannenberg In a per curiam ruling, the U.S. Supreme Court held that a Colorado state prisoner seeking reinstatement of his Hepatitis-C medical treatment had stated an …
Adams v. CCA, CO, Plf App Reply Brief, prison riot, 2007 Certific:ltion of Word Count: 5,690 , i COURT OF APPEALS, STATE OF COLORADO 2 East 14'h Avenue, 3'd Floor I Denver, CO 80203 1 ! I i, Appeal from order entered by Judge Michael Schi ferl, i Crowley County …
Colorado Investigates Former Prison Director for Malfeasance Following State Audit by The Colorado State Auditor completed a review of the state's private prison contracts in November 2006. The audit found that former Director of Prisons Nolin Renfrow's "private business activities arguably present a conflict of interest and result in a …
Due Process Required Before Termination from Colorado Sex Offender Treatment Program by Bob Williams The United States District Court for the District of Colorado has again found that Colorado state prisoners convicted of sex offenses have a liberty interest in receiving treatment and must be afforded due process prior to …
Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Adams v. CCA, CO, Appeal Brief, prison riot, 2007 Certification of Word Count: 9,474 COURT OF APPEALS, STATE OF COLORADO rd 2 East 14 th Avenue, 3 Floor Denver, CO 80203 Appeal from order entered by Judge Michael Schiferl, Crowley County District COUlt, 2005CV60 Plaintiffs-Appellants: Vance A. Adams,et. a1. Defendants-Appellees: …
Lifetime Supervision or Lifetime Incarceration for Colorado Sex Offenders? by by G.A. Bowers Colorado has one of the toughest sex offender laws in the nation, according to University of Denver law professor Karen Steinhauser. Under the 1998 Lifetime Supervision of Sex Offenders Act (Act), over 800 sex offenders have been …
Colorado Successfully Pressures FBI To Release DNA Info; Racial Bias Infects DNA Databases by Gary Hunter State law enforcement agencies have struck a tentative deal with FBI officials that allows agencies to share previously privileged information. The deal resulted from the brutal rape and beating of a Colorado woman who …
District Court Reversed in Christian Identity Case by The Tenth U.S. Circuit Court of Appeals has affirmed in part and reversed in part a case involving prisoners who adhere to the "Christian Identity Faith." Jacob Ind and Jeffrey Pfleger are prisoners at the Colorado State Penitentiary. They adhere sincerely to …
District Court Reversed; Failure to Allow Amendment Abuse of Discretion by The U.S. Tenth Circuit Court of Appeals reversed the U.S. District Court, Colorado, holding that the district court's refusal to permit a Colorado state prisoner to amend his complaint was an abuse of discretion and, moreover, the complaint stated …
Garnishment of Prisoner's Wages not Actionable in State Court by The Colorado Court of Appeals has ruled that state prisoners may not seek relief under the Administrative Procedures Act (APA) or C.R.C.P. Rule 106 to address claims of unlawful garnishment of wages by the Department of Corrections (CDOC). Adam Jones, …
Third-Party Book Seller's Records Subject to Constitutional Protections by The Colorado Supreme Court has found that individuals have a constitutionally protected right to purchase books anonymously, free from government interference, and thus records of an innocent, third-party bookstore are subject to both state and federal free speech protections and an …
Order Halting Sex Offender Registration Reversed by The Colorado Court of Appeals has reversed a district court's order that allowed a sex offender to stop registering. A former state juvenile probationer, C.C.V., petitioned a state district court to discontinue his duty to register as a sex offender two years after …
High-Speed Police Pursuit Did Not Waive State Immunity by The Colorado Court of Appeals has ruled that the state is entitled to immunity under the Colorado Governmental Immunity Act (CGIA), because the evidence in this case supported a finding that police did not endanger life or property in a high-speed …
Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
