Federal judge orders Denver officials to provide 7-day notice before most homeless encampment sweeps
Denver7
and last updated 2021-01-26 21:21:35-05
DENVER â A federal judge has ordered an injunction requiring Denver officials to provide at least seven days notice before conducting most homeless sweeps.
This comes after Denver Homeless Out Loud filed a class-action lawsuit against the state of Colorado, Gov. Jared Polis, Denver Mayor Michael Hancock and others on Oct. 20, 2020 seeking to stop sweeps altogether.
The lawsuit claims defendants 4th and 14th Amendment rights have been violated, as well as Colorado constitutional violations due to homeless encampment sweeps over the summer of 2020. The lawsuit also claims a breach of contract based on a previous 2016 lawsuit, resulting in an agreement that the state would provide a seven-day notice before large-scale homeless sweeps.
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A new ruling by a federal judge in California could create a road map for plaintiffs suing the City of Denver over the past summer s homeless sweeps. It’s pretty much the exact ruling we’re looking for from our judge, and the exact same case, says Andy McNulty, the Killmer, Lane & Newman attorney who filed a lawsuit against Denver and the State of Colorado on behalf of ten homeless individuals and Denver Homeless Out Loud in October. The suit asks the U.S. District Court of Colorado to put a pause on the sweeps of homeless encampments during the COVID-19 pandemic; Judge William Martinez has already heard three days of testimony and could rule on a motion for a preliminary injunction before the end of the month.
On January 14, United States District Court Judge William Martinez approved a motion to dismiss a lawsuit filed by United Airlines pilot Andrew Collins, who was cuffed by cops in September 2018 for allegedly dancing naked near the window of his hotel room at the DIA Westin, in full sight of passengers watching slack-jawed from the Denver International Airport terminal ten floors below.
Collins, who was actually involved in an animated phone call prior to taking a shower and had no idea he was on full display to anyone, had already received a $300,000 settlement from the City of Denver over the circumstances of his arrest. But he also filed a complaint against the Westin, arguing that hotel staff conspired with the Denver Police Department to violate his rights, and should have warned him that his room was a lot less private than he thought; this was the suit that Martinez tossed.
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