Rocky Mountain Voice

Tag: Courts

Federal judge gives The Rock Church injunction against Town of Castle Rock to shelter homeless
Approved, CBS Colorado, Local

Federal judge gives The Rock Church injunction against Town of Castle Rock to shelter homeless

By Austen Erblat | CBS Colorado A Colorado church that sued the Town of Castle Rock over its ability to shelter homeless people on church grounds saw a win in court on Friday after a federal judge granted the church a preliminary injunction against the town. The Rock Church has sheltered homeless people in RVs on its property since 2019, calling it their religious duty to help those in need. But on at least three separate occasions, in 2021, 2022 and again in 2023, town officials blocked their efforts, saying they violated zoning laws. The church, in response, said this violated its 1st Amendment rights to religious freedom, as well as the Religious Land Use And Institutionalized Persons Act. In January, the church sued the town. "The Holy Bible specifically and repea...
Federal appeals court says no to Biden’s student loan debt handout plan
Approved, Fox Business, National

Federal appeals court says no to Biden’s student loan debt handout plan

By Eric Revell  | Fox Business A federal appeals court on Thursday issued a ruling that blocks the Biden administration from continuing to implement a new version of its student loan debt handout plan that is designed to reduce monthly payments for borrowers. The U.S. Eighth Circuit Court of Appeals granted a request by seven Republican states to block portions of the Education Department's plan that a lower court judge hadn't previously blocked. Last month, a U.S. District Court in St. Louis blocked the agency from moving forward with granting additional student loan forgiveness under the Biden administration's Saving on a Valuable Education (SAVE) plan – though it didn't block all elements of the plan. READ THE FULL STORY AT FOX BUSINESS
Morgan County case overturned on prosecutor’s improper commenting on defendant’s right to silence
Approved, coloradopolitics.com, State

Morgan County case overturned on prosecutor’s improper commenting on defendant’s right to silence

By Michael Karlik | Colorado Politics A Morgan County prosecutor undermined the fairness of a defendant's trial by making improper comments about his decision to invoke his constitutional right to silence, Colorado's second-highest court ruled last week. The prosecution charged Ronald Wayne Gentry with felony menacing after he allegedly put a bullet in the chamber of a gun and pointed it at a neighbor who was feuding with Gentry's mother. Jurors considered whether Gentry acted in self-defense, but convicted him. He received a sentence of probation, jail and community service. Jurors heard Gentry had received a Miranda warning but then agreed to speak with a sheriff's deputy. She told Gentry there were multiple eyewitnesses saying they saw Gentry point a gun, at which point Gentry ...
Federal judge rules, ‘sideshows’ aside, no Colorado voter intimidation by ‘election integrity’ organizers
Approved, coloradopolitics.com, State

Federal judge rules, ‘sideshows’ aside, no Colorado voter intimidation by ‘election integrity’ organizers

By Michael Karlik | Colorado Politics A federal judge on Thursday concluded three civic organizations failed to provide evidence that the leaders of an "election integrity" effort illegally intimidated Colorado voters through a door-to-door canvassing project to search for election fraud in the wake of the 2020 presidential race. After three days of testimony, U.S. District Court Judge Charlotte N. Sweeney granted the motion to end the case after noting both sides seemingly wanted to litigate matters beyond the narrow question she had to decide. "It is not about the Jan. 6 insurrection or the history of voter intimidation in this country. It is not about the defendants' collective belief about election fraud. It's not about the security or lack of security of elections in Colorado...
In Day 2 of voting rights trial, plaintiffs struggle to prove intimidation
Approved, coloradopolitics.com, State

In Day 2 of voting rights trial, plaintiffs struggle to prove intimidation

By Michael Karlik  | Colorado Politics The plaintiffs who are trying to prove an "election integrity" effort resulted in the illegal intimidation of Colorado voters ran into multiple stumbling blocks in federal court on Tuesday, including the aggressive questioning of the lone voter who claimed she was intimidated and the judge's skepticism about an attempt to introduce new victims at the last minute. Three civic groups — the Colorado Montana Wyoming State Area Conference of the NAACP, the League of Women Voters of Colorado, and Mi Familia Vota — sued the founders of U.S. Election Integrity Plan (USEIP), which was an organized effort following the 2020 election to visit voters at more than 9,400 homes to inquire about their registrations and past voting behavior. The plaintif...
10th Circuit rules Sedgwick County liable for former Sheriff Hanna’s alleged assault of an inmate
Approved, Law Week Colorado, State

10th Circuit rules Sedgwick County liable for former Sheriff Hanna’s alleged assault of an inmate

By Law Week Sheriff Thomas Hanna of Sedgwick County, Colo., allegedly sexually assaulted an intellectually disabled prisoner while transporting her between county jails.  The victim, Peatinna Biggs, filed this civil rights suit through her guardian ad litem, Hollis Ann Whitson, against Sedgwick County, the Sedgwick County Sheriff’s Department and Hanna in his individual and official capacities.  The district court granted the motion of the county and the sheriff’s department to dismiss the complaint against them, reasoning that the county could be liable only if “the challenged conduct [had] been taken pursuant to a policy adopted by the official or officials,” and “Hanna’s actions were not pursuant to Department policies, but in direct contravention of them.”  Hanna was t...
Federal judge dismisses Trump documents case, says Jack Smith unlawfully appointed
Approved, National, The Epoch Times

Federal judge dismisses Trump documents case, says Jack Smith unlawfully appointed

By Catherine Yang | The Epoch Times U.S. District Judge Aileen Cannon dismissed former President Donald Trump’s classified documents case on July 15, finding that special counsel Jack Smith’s appointment violated the Appointments Clause. “The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” the order reads. The 93-page opinion and order was issued after days of oral arguments over the special counsel’s appointment and the statutory authority the Justice Department argued Attorney General Merrick Garland used to appoint Mr. Smith. READ THE FULL STORY AT THE EPOCH TIMES
1st Amendment claim of fired Douglas County school employee will be heard by jury
Approved, coloradopolitics.com, State

1st Amendment claim of fired Douglas County school employee will be heard by jury

By Michael Karlik | Colorado Politics A jury will decide whether a Douglas County charter school fired an employee because of her protected online speech about vaccinations, a federal judge ruled last month. At the same time, U.S. Magistrate Judge Scott T. Varholak determined Jennifer Webb's repeated reports of alleged financial improprieties were not protected by the First Amendment. Consequently, jurors would not evaluate whether Aspen View Academy retaliated against her for raising concerns of embezzlement. Webb was the business manager for Aspen View, an elementary and middle school in Castle Rock, between 2017 and 2021. Her job generally entailed bookkeeping and financial oversight. Webb soon became concerned about financial malfeasance by the school's principal, Robert Barbe...
Judge dismisses lawsuit by multiple school districts over Colorado’s universal pre-K rollout
Approved, denvergazette.com, State

Judge dismisses lawsuit by multiple school districts over Colorado’s universal pre-K rollout

By Eric Young | Denver Gazette A Denver District Court judge dismissed a lawsuit Wednesday alleging damages stemming from last year's universal preschool rollout in Colorado.  District Judge Jon. J. Olafson ruled that the six public school districts and two advocacy groups who filed the lawsuit lacked the legal grounds for their case to continue.  The plaintiffs filed the lawsuit last August against Gov. Jared Polis, the Colorado Department of Early Childhood and the Colorado Department of Education, alleging that the state disproportionately harmed low-income families and students with disabilities through its application process. READ THE FULL STORY AT THE DENVER GAZETTE
Court rules Teller County sheriff cannot hold illegals in jail under county’s agreement with ICE
Approved, Local, The Colorado Sun

Court rules Teller County sheriff cannot hold illegals in jail under county’s agreement with ICE

By Olivia Prentzel | The Colorado Sun A Colorado sheriff’s practice of holding undocumented immigrants in jail through an agreement with federal immigration authorities violates state law, the Colorado Court of Appeals found Wednesday, reversing a district judge’s ruling. The decision is the latest turn in a yearslong battle between Teller County Sheriff Jason Mikesell and the American Civil Liberties Union, which sued him on behalf of five taxpayers arguing that Colorado law forbids the sheriff’s office from detaining people accuse of state crimes who are otherwise eligible for release and then turning them over to ICE officers. The case will return to lower court, the ACLU said Wednesday.  Through the county’s agreement with federal immigration authorities, cal...