Tag: Due Process
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Judge orders noncitizen released from immigration detention, finds government misapplied law
A federal judge concluded the government was likely wrong to detain a noncitizen without the chance for a release hearing, and ordered him to be let out of immigration custody on Friday. At the same time, U.S. District Court Judge Regina M. Rodriguez declined to green-light Nestor Esai Mendoza Gutierrez’s request to turn his lawsuit…
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Federal judge finds fire chief violated due process rights of ex-employee in Boulder-Weld district
A federal judge concluded last week that the chief of a fire protection district spanning Boulder and Weld counties violated the constitutional rights of an employee by terminating him through a process that lacked sufficient procedural protections. However, U.S. District Court Chief Judge Philip A. Brimmer also determined plaintiff Benjamin Carter could not prevail on…
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Federal judge to government: Shutdown not an excuse for delaying noncitizen’s challenge to detention
A federal judge rejected the government’s request last week to extend the deadlines in an immigration-related case due to the lapse in congressional funding, reminding the U.S. Department of Justice that constitutional rights are at stake. “The Government is constitutionally obligated to provide due process to Petitioner,” wrote U.S. District Court Judge Gordon P. Gallagher…
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Federal judge orders release hearing for torture victim in ‘abhorrent’ immigration custody
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save Facebook Twitter WhatsApp SMS Email Print Copy article link Save A federal judge on Friday found a “real risk” that the government would try to unlawfully deport a man who was tortured in his home country, and ordered a hearing to determine if he should…
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Colorado justices: Witnesses cannot be sued for statements in campus sexual misconduct proceeding
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save Facebook Twitter WhatsApp SMS Email Print Copy article link Save The Colorado Supreme Court walked back a decision by the state’s second-highest court, concluding on Monday that witnesses in a school sexual misconduct investigation could not be held liable for defamatory statements even if the…
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Following 10th Circuit reversal, federal judge agrees man may sue Douglas County child caseworker
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save 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…
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Woman’s 14-month detention in Aurora immigration facility violates Constitution, federal judge finds
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While the U.S. Supreme Court has deemed it acceptable for authorities to detain immigrants facing deportation for a “brief period,” a federal judge ruled on Monday that a woman’s 14-month detention in Aurora without a bond hearing violated her constitutional right to due process. U.S. District Court Chief Judge Philip A. Brimmer directed the government…
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Colorado appeals court overturns conviction for Larimer County judge’s faulty instruction
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In a rare move, both the prosecution and defense agreed the state’s Court of Appeals should overturn a man’s assault conviction because a Larimer County judge incorrectly instructed jurors about self-defense. Consequently, a three-judge appellate panel on Thursday ordered a new trial for Anthony John Trimarco, who is currently serving a 12-year prison sentence. In criminal…
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Former Arapahoe judge’s bias not grounds for overturning conviction, appeals court says
Colorado’s second-highest court has waved aside the notion that the racial bias of a former Arapahoe County judge deprived a Black defendant of his constitutional rights, determining its own review of the trial has now “purged the case of any taint.” In April of last year, the Colorado Supreme Court censured and accepted the resignation…
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Federal judge to CU worker: 2-hour ‘inconvenience’ not a constitutional violation
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save A University of Colorado employee claimed in a federal lawsuit that one of her colleagues filed a deliberate, falsified report that she was COVID-19 positive days before a major work event, causing her severe emotional distress and violating her constitutional rights. However, a federal judge…