CO adopts Graham for state excessive force claims

Colorado adopts the Graham v. Connor standard for excessive force under state law. Plaintiff stated enough to overcome a motion to dismiss. Woodall v. Godfrey, 2024 COA 42 (Apr. 25, 2024).*

“Scafidi’s ‘seizure’ was not unreasonable, because his arrest was based on probable cause as a matter of law. At the time of the arrest, the responding officer had found Carter locked and bleeding in Scafidi’s hotel bathroom, and knew that Carter had called 911 and reported that Scafidi was trying to harm her. Based on these undisputed facts, a reasonable detective could conclude that a ‘fair probability’ existed that a sexual assault occurred, which is sufficient to establish probable cause to arrest.” Scafidi v. Las Vegas Metro. Police Dep’t, 2024 U.S. App. LEXIS 10056 (9th Cir. Apr. 25, 2024).*

Plaintiff fails to show that his recorded jail calls to his lawyer, made on the general outgoing call phone, were given to the prosecutors and compromised his Sixth Amendment rights. Summary judgment for defendants. Hurdsman v. Viapath Techs., Inc., 2024 U.S. Dist. LEXIS 75442 (E.D. Ark. Apr. 3, 2024),* adopted, 2024 U.S. Dist. LEXIS 73657 (E.D. Ark. Apr. 23, 2024).*

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