May 22, 2019

Archives for May 20, 2013

Hon. Roxanne Bailin, Chief Judge of Twentieth Judicial District, to Retire in August

BailinRoxanneThe Colorado State Judicial Branch announced last week that Chief Judge Roxanne Bailin of the Twentieth Judicial District will retire, effective August 31, 2013. Judge Bailin was appointed to the Twentieth Judicial District Bench in 1986 after four years as a Boulder County Judge. She has been chief judge since 1998. As a chief judge, Judge Bailin oversees the administration of the courts and probation, in addition to performing her duties as District Court Judge. She is a frequent presenter at CLE programs.

The Twentieth Judicial District nominating commission will meet on July 8, 2013, to interview applicants and select nominees for the judgeship. Applicants must have been admitted to practice law in Colorado for five years, and must be qualified electors of the Twentieth Judicial District. Application forms are available on State Judicial’s website or from the ex officio chair of the nominating commission, Justice Brian Boatright.

Applications must be submitted electronically to Justice Boatright no later than 4 p.m. on Wednesday, June 19, 2013. Any person wishing to suggest a candidate for the vacancy must submit a letter to the nominating commission, with a copy to Justice Boatright, no later than 4 p.m. on Wednesday, June 12. Contact information for the members of the nominating commission may be found on State Judicial’s website. For more information about the vacancy, click here.

Tenth Circuit: Denial of Qualified Immunity Affirmed in Excessive Force Case

The Tenth Circuit published its opinion in Roosevelt-Hennix v. Prickett on Thursday, May 16, 2013.

Officer Shane Prickett of the Florence City Police Department used a taser on Lara Roosevelt-Hennix while Roosevelt-Hennix’s hands were cuffed behind her back and she was seated in the back seat of a police car. Roosevelt-Hennix brought suit pursuant to 42 U.S.C. § 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. Prickett asserted qualified immunity, which the district court denied, thus giving Pickett the right to this interlocutory appeal.

The district court did not set out which opposing set of facts it relied on in denying Pickett’s motion for summary judgment. Pickett asserted that Roosevelt-Hennix actively resisted an order to place her legs outside the police vehicle so he could “hobble” her; Roosevelt-Hennix asserted that she informed the officers she could not physically move her legs to the requested position due to a back condition. She also asserted that the officers did not attempt to help her move her legs before tasing her. After Pickett forcefully hobbled her, the plaintiff became paralyzed and required surgery the next day.

The Tenth Circuit found that Pickett’s counsel failed in his duty of candor to the court by making factual contentions unsupported by the record. The court also urged district courts to set out which facts they have assumed in deciding summary judgment on qualified immunity grounds. The court drew all reasonable inferences in the plaintiff’s favor in finding “sufficient evidence for a jury to conclude Roosevelt-Hennix informed the officers she was physically unable to comply with their request to move her feet outside the patrol vehicle. It likewise contains sufficient evidence for a jury to conclude the officers never attempted to aid Roosevelt-Hennix in moving her feet before applying the taser.” The denial of summary judgment was affirmed.

Colorado Supreme Court: Announcement Sheet, 5/20/13

On Monday, May 20, 2013, the Colorado Supreme Court issued two published opinions.

People v. Fuerst

In the Matter of Greene

The summaries for these cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 5/17/13