Lawsuits

Colorado electors appeal to state Supreme Court, arguing that state has no jurisdiction to punish

DENVER – The attorney for two Colorado electors seeking to block a state law requiring them to vote for Hillary Clinton has filed an emergency appeal with the Colorado Supreme Court to try again to have the case heard before they have to cast their electoral votes on Monday.

Polly Baca, a former state senator from Denver, and Robert Nemanich, an elector from Colorado Springs, are a part of the so-called “Hamilton electors” movement that is trying to keep President-elect out of the White House and send the election to the House of Representatives for the third time ever. They filed suit last week. Continue reading

Lawsuit filed by 18 disabled patients of Pueblo Regional Center who were strip-searched

PUEBLO, Colo. – Eighteen disabled people housed at the troubled Pueblo Regional Center and their families are suing Colorado’s governor, the Colorado Department of Human Services and a handful of former and current employees over claims they were illegally strip-searched in March 2015.

The plaintiffs and their attorneys say almost a dozen CDHS employees illegally strip-searched people housed at the center, which is operated by CDHS, without consent or a warrant. The lawsuit was filed Wednesday in Pueblo District Court. Continue reading

Colorado ‘Hamilton Electors’ file appeal in 10th Circuit in continued attempt to not elect Trump

DENVER – The two Colorado electors who saw their attempts to get a state law that requires them to vote for the winner of the state’s popular vote for president dashed by a federal judge Monday filed an appeal Tuesday in the 10th U.S. Circuit Court of Appeals.

Monday, U.S. District Court of Colorado Judge Wiley Daniel denied Polly Baca and Robert Nemanich’s motion for a temporary restraining order that would have blocked the state law that now requires they vote for Hillary Clinton, since she won Colorado’s popular vote. Continue reading

Denver deputy accused of telling mentally ill inmate to ‘just die’ has suspension overturned

DENVER – A Denver sheriff’s deputy suspended for allegedly telling a mentally ill inmate on suicide watch to “just die” had his suspension overturned Friday by the Denver Career Service Board.

The mentally ill inmate was being housed in a special suicide cell that is designed to prevent suicide.

Read the hearing officer’s judgment in full by clicking here.

Denver Sheriff’s Deputy Ryan Bosveld had been suspended for 10 days for neglect of duty and failure to observe written departmental or agency regulations. He served his suspension beginning Sept. 21.

THE ORIGINAL INCIDENT THAT LED TO SUSPENSION

The discipline letter issued in September states a Denver Health jail nurse heard Bosveld tell the inmate on suicide watch to “just die.” The incident happened at the Downtown Denver Detention Center.

The nurse, Tamatha Anding, then wrote an email to her supervisors voicing concerns about his behavior. The subject line of the email said, “Need Direction Please.”

The nurse said after she heard Bosveld make the inappropriate comment he giggled and then turned to her and said, “that wasn’t very professional was it?”

When asked what the nurse thought of Bosveld’s comments she said, “I figured that probably wasn’t the safest thing to say to any of our suicidal patients. If they’re in the floor flush, there’s a reason and that we’re monitoring them closely.”

During Bosveld’s interview with the Internal Affairs Bureau, he said this comment “isn’t my personality. I wouldn’t have said that to the inmate.”

The letter states, “It is also more likely than not that Nurse TA’s version of events is more credible than that of Deputy Bosveld. Nurse TA via email, reported this incident to her supervisor three days after it occurred, after having witnessed another act of misconduct by Deputy Bosveld.”

Bosveld did admit to another incident he self-reported where he told an inmate, who was also in the medical unit, “I’d rather go f*** your mother.”

Deputy Bosveld’s behavior goes against new crisis intervention training all deputies are now required to go through.

The five-day, forty-hour course teaches deputies through role playing how to better deal with the mentally ill and deescalate situations without using force.

HEARING OFFICER OVERTURNS SUSPENSION

Career Service Hearing Officer Valerie McNaughton wrote in the appeal decision that there was “not enough evidence to prove or disprove whether this allegation occurred,” citing a report on the video of the alleged incident from a sheriff’s office investigator that found the deputy mentioned the comment off-hand, and not directly to the inmate.

She also decided that since Anding didn’t report the incident immediately that meant she did not believe Bosveld told the inmate to die either.

Denver Independent Monitor Nicholas Mitchell said the hearing officer’s decision was “troubling” in a statement to Denver7:

“The Director of Safety was right to suspend this deputy.  There is a burgeoning mental health crisis in our jails, and the current reforms of the Sheriff Department are intended to eliminate the mistreatment of vulnerable individuals,” he said. “The hearing officer’s decision is very troubling, and hinders those reforms.”

Daelene Mizx, a spokesperson with the Department of Safety, said the city plans to appeal the hearing officer’s decision.

“It is the Department of Safety’s view that applicable Denver Sheriff Department rules and regulation related to the facts and circumstances of this specific matter support the suspension given to Deputy Bosveld,” she said in a statement to Denver7. “As such, the Department has appealed the hearing officer’s decision to overturn the suspension to the Career Service Board.”

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2 Colorado electors file suit in hopes of not voting for Clinton as anti-Trump movement continues

DENVER – The long-shot attempt by two of Colorado’s Electoral College voters to put someone in the White House not named Donald Trump grew short legs Tuesday when the electors filed a lawsuit against Colorado’s secretary of state, governor and attorney general saying they shouldn’t have to vote for Hillary Clinton as state law requires.

Robert Nemanich, of Colorado Springs, and Polly Baca, a former state senator from Denver, filed the suit Tuesday in U.S. District Court of Colorado after a week of posturing – saying they would work with other electors from across the country to make someone other than Trump president. Continue reading

DA: Man won’t face charges in shooting death of 17-year-old who allegedly burglarized home

ADAMS COUNTY, Colo. – Adams County prosecutors won’t charge a man arrested for a September shooting that killed a teenager.

Levi Sisneros, 33, had faced investigation on first-degree murder charges in the shooting, which killed a 17-year-old boy, identified as Alfredo Chavez.

The boy was suspected of burglarizing the home near 76th and Pecos in early September. Chavez was shot in the back, according to the Adams County coroner.

The Adams County District Attorney’s Office said that it could not disprove Sisneros’ argument that he had shot Chavez in self-defense after Chavez and three others allegedly broke into his home to steal his legally-grown marijuana.

Chavez’s mother tells the Denver Post she plans to file a civil lawsuit against Sisneros.

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Family of Colorado Trooper Jaimie Jursevics sues Army colonel that killed her, bar that served him

DOUGLAS COUNTY, Colo. – The husband of a Colorado state trooper hit and killed by a retired Army colonel who was driving drunk last November on I-25 near Castle Rock has filed a wrongful death lawsuit against the colonel and the bar that served him.

Eric Henderson, 52, was sentenced in June to eight years in prison after he pleaded guilty to vehicular homicide and tampering with evidence in the crash that killed 33-year-old trooper Jaimie Jursevics.

She was investigating a minor crash with another trooper near Plum Creek Parkway in Castle Rock in November 2015 when she was informed by dispatchers about a possible drunk driver in a pickup truck headed toward her.

Jursevics called the driver who reported the suspected drunk driver. The caller was still following the driver and told Jursevics he could see the lights on her vehicle as they approached her, according to an affidavit detailing Henderson’s arrest.

“[The caller] could see the female trooper shining a flashlight toward the ground,” the affidavit stated.

The driver in the pickup, later identified as the retired colonel Henderson, did not stop and the caller reported seeing the trooper’s flashlight fly through the air.

The caller was still on the phone with Jursevics and heard her scream as she was hit by the oncoming truck.

Henderson kept driving and was arrested a few miles away.

“I killed a cop,” Henderson later told detectives through tears, according to the affidavit. Prosecutors said he spent the day drinking at a Broncos game.

The lawsuit, which was filed by lawyers Oct. 25 in Douglas County District Court on behalf of Jursevics’ husband, Didzis, and daughter, Morgan, seeks both monetary and non-monetary damages, including lost future wages and “other contributions of pecuniary value” the trooper would have made to her husband and daughter.

The suit also implicates Brooklyn’s Bar, which it alleges served Henderson though he was “visibly intoxicated” and had difficulty standing. The suit says Brooklyn’s “may be held civilly liable for the death of Trooper Jursevics.”

Henderson retired from the Army in June 2013 after a 27-year career and was the chief of operations for the Space and Missile Defense Command in his final post.

The next hearing date on the suit has yet to be set. Read previous stories about the case here.

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Voters pass Amendment 71, which will alter the process for changing Colorado’s constitution

DENVER – Colorado voters on Tuesday passed an amendment that will require any proposed amendment to the state constitution be signed off on by voters in each of the state’s 35 Senate districts.

The measure, Amendment 71, passed with 57 percent approval as of 12:22 a.m. Wednesday, when 73 percent of state votes had been reported.

Instead of being able to collect the required number of signatures from anywhere in the state, proponents of a measure to add a constitutional amendment will have to get signatures from at least 2 percent of the total number of registered voters in each of Colorado’s 35 Senate districts.

For instance, District 35 is comprised of 16 counties in southeastern Colorado and has 88,962 registered voters. Under an approved Amendment 71, 1,779 signatures would have to be gathered on a ballot drive and approved for the measure to go on November’s ballot.

The amendment won’t change the process for drives to change state statutes, only the constitution.

Currently, any constitutional amendment approved by 50 percent, plus one vote, of voters in an election will become law.

But now that Amendment 71 has been approved, that threshold will be raised to require any constitutional amendment be approved by 55 percent of voters.

That change wouldn’t apply to the repeal of an amendment – only to changes to the constitution. In the case of a repeal, a simple majority vote would remain the threshold for approval.

Read more about the measure here.

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Federal judge keeps Colorado ‘ballot selfie’ law on books but says AG, DA’s can’t prosecute

DENVER – A law prohibiting people from taking pictures of their completed ballots, or taking “ballot selfies,” will stay on Colorado’s law books, but the state’s attorney general and district attorneys won’t be allowed to charge anyone who does so.

A U.S. District Court of Colorado judge on Friday evening issued the order to enjoin both the Attorney General’s Office and Denver District Attorney’s Office from prosecuting or investigating violations of Colorado Revised Statute §1-13-712 unless it happens in connection with another crime – election-related or not. Continue reading

Lawyers for Colorado say statute banning ‘ballot selfies’ isn’t being enforced

DENVER – Lawyers for the state of Colorado argued in federal court Wednesday morning that there is no reason to challenge the state’s law banning “ballot selfies” because district attorneys have said they won’t enforce the law.

Two lawsuits – which have been lumped together — were filed in U.S. District Court of Colorado challenging Colorado Revised Statute CRS §1-13-712, which has origins in the late 1800s and forbids Coloradans from showing their completed ballots to anyone else or revealing how they voted.

One of the suits was filed by a state representative and a young voter; the other was filed by a spokeswoman for the Libertarian Party and two voters.

The plaintiffs in both cases want a judge to issue a preliminary injunction against the state enforcing the law, saying portions of it violate free speech protections under the First and/or Fourteenth Amendments.

The judge hearing the cases, Judge Christine Arguello, said in court Wednesday the statute might violate free speech clauses in the constitution.

Sen. Owen Hill, R-Colorado Springs, argued that if no one is being prosecuted under the law, it should be struck down.

Several of the other plaintiffs in the case, aside from Hill, testified at Wednesday’s evidentiary hearing.

Judge Arguello said the “damage” had already been done by the Denver District Attorney’s Office after DA Mitch Morrissey issued a warning that posting “ballot selfies” is a misdemeanor and that recalling the news release would do nothing.

A report by Vox says ballot selfies are legal in 22 states and Washington, D.C., illegal in 16 states, and the law is unclear in the remaining 13 states.

On Friday, the Sixth Circuit Court of Appeals upheld a similar rule banning “ballot selfies” in Michigan.

A federal judge in San Francisco refused to block California’s law banning ballot selfies in a hearing Wednesday, saying allowing people to do so this close to Election Day would confuse voters and poll workers.

The Colorado hearing was adjourned for the day around 4 p.m. It will begin again at 10 a.m. Thursday.

Information from The Associated Press contributed to this report.

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