Lawsuits

Adams County agrees to pay $25K to Muslim inmate denied Quran

ADAMS COUNTY, Colo. – Adams County will pay a Muslim inmate denied a Quran during the 2015 Ramadan holy days $25,000 to settle a lawsuit filed last year, and the jail has agreed to change its policies to protect the religious rights of jailed Muslims.

Though the jail denied any wrongdoing in the settlement agreement, its payment to the former inmate, Marquis Harris, came with an agreement from Harris that he would drop the civil suit.

The $25,000 payment will go to Harris’s attorney, Denver-based David Lane, which will cover attorneys’ fees and other costs associated with the suit, as well as payment to Harris.

The jail also agreed in the settlement to provide Muslim inmates with any requested religious materials in a timely fashion; to provide Muslim inmates with their morning meals the night before during the Ramadan period; to allow (consistent with current policy) Muslim inmates to gather for prayer when Muslim leaders come to the facility to supervise; and to consider giving Muslim inmates Halal meals “if an option for providing those meals is financially and logistically feasible.”

The suit stemmed from a complaint that Harris’s Quran had been seized and placed with his personal belongings when he was transferred to the Adams County jail in June 2015. A request for Halal meals and a Quran during Ramadan was also denied, according to the original suit.

The settlement means that Harris won’t be able to bring further damage complaints against the alleged defendants in the lawsuit.

“It is encouraging to see courageous Muslims in our society fight the discrimination Donald Trump has loosed in America,” Lane said in a statement regarding the settlement, though the alleged improprieties by the jail occurred only around the time that Trump was announcing his presidential candidacy.

Questions mount after host of Colorado oil and gas incidents; safety investigations continue

WELD COUNTY, Colo. – Gov. John Hickenlooper says there is currently “no reason to believe” that the circumstances behind Thursday’s deadly explosion at an oil tank battery in Weld County are similar to those that caused a home in Firestone to explode last month, killing two.

The name of the worker who died at the scene of Thursday’s incident at the Anadarko-owned battery is expected to be released later Friday. The death was the third linked to Anadarko-owned oil and gas properties in Colorado in the past two months. Continue reading

Lawsuit: Anadarko defrauded investors with ‘materially false’ info about Firestone explosion risk

DENVER – Anadarko Petroleum, the company responsible for two oil and gas sites whose explosions have killed three people and severely injured four others in Colorado over the past five weeks, now faces accusations that it made “materially false and misleading statements” about the Firestone home explosion that defrauded investors out of money.

An investor named Robert Edgar filed a proposed class-action lawsuit against Anadarko Petroleum Company, its CEO, president and chairman, R.A. Walker, and its CFO, Robert Gwin earlier this month in federal court in Texas. Anadarko is based in The Woodlands, Texas—a Houston suburb. Continue reading

DA: Denver PD ‘careless’ in responding to union’s open records request, but no charges filed

DENVER – Denver District Attorney Beth McCann won’t file charges against the Denver Police Department’s chief or deputy chief after the department allegedly violated the Colorado Open Records Act (CORA) when it initially kept secret a letter from the former district attorney concerning a controversial arrest last year.

McCann’s decision comes after a months-long investigation by Denver7 Investigates into the letter, which was obtained by the investigative team in January.

In the letter, then-District Attorney Mitch Morrissey wrote to Police Chief Robert White about his concerns over an investigation into an alleged rape committed by a DPD officer and another woman who were arrested but never charged.

In the letter, Morrissey took issue with DPD Deputy Chief Matthew Murray’s discretion and actions during the investigation, particularly with Murray’s decision to “rush to judgment” in arresting the people involved in the case, and bypassing what Morrissey says were long-engrained rules about consulting with the district attorney’s office about “serious investigations.”

Though White responded with a two-sentence letter to Morrissey in June 2016—a month after Morrissey originally sent the letter.

The Denver Police Department’s rank-and-file union, the Denver Police Protective Association (DPPA) had made formal CORA requests to DPD on December 28 of last year and Jan. 3 of this year for Morrissey’s letter and White’s response, but didn’t receive Morrissey’s letter to the department until Jan. 30—more than a month after the original request, days after Denver7 asked police about the letters and the records denials.

By then, DPPA had already received both Morrissey and White’s letters from the district attorney’s office three weeks earlier via a separate CORA request.

“They lied and said that the letter didn’t exist, that there were no records responsive to our request,” union president Nick Rogers told Denver7 Investigates in January. “It was nothing but an out-and-out lie.”

In March, McCann’s office opened an investigation as to whether DPD violated CORA laws, and Denver’s Department of Public Safety opened an independent investigation into both the original case and the open records spat.

Now that the district attorney’s decision has been made, the city’s investigation will continue.

“We have engaged a third party to handle the administrative investigation into this matter,” said Denver Department of Public Safety Communications Director Daelene Mix. “Now that the District Attorney’s office has concluded its work, we will advance the findings to the third party and the administrative investigation will commence.”

First Amendment attorney Steve Zansberg said DPD’s open records denials raised “significant suspicion” when he talked to Denver7 Investigates about the case in March.

“It raises significant suspicion that they were unable to find a letter until you told them you had a copy of it,” Zansberg told Denver7’s chief investigative reporter Tony Kovaleski.

But McCann said Thursday that there was not “sufficient evidence…to find a knowing and willful violation of CORA beyond a reasonable doubt.”

She did not fully exonerate White and Murray’s handling of the records, however, despite saying no one will face charges.

“The CORA requests in question were handled carelessly by DPD, particularly by Chief White and Deputy Chief Murray,” McCann said. “The public has the right to expect a quick and thoughtful response to CORA requests by city officials, particularly by its police leadership.”

She also urged the Denver Department of Safety and DPD to “examine and improve” its process for responding to CORA requests.

“These requests provide the public with important access to government documents. Immediate and thorough responses are critical to provide transparency and accountability in government operations,” McCann said.

Denver sergeant accused of revealing trafficking victim’s name joins Brauchler’s trafficking unit

ARAPAHOE COUNTY, Colo. – A Denver Police Department sergeant who had previously been named in a lawsuit as having identified the victim of a child sex trafficking case in a film will join the 18th Judicial District Attorney’s Office’s special human trafficking team.

District Attorney George Brauchler announced Daniel Steele’s hiring as a criminal investigator in the office’s human trafficking team Wednesday.

Steele, most-recently a sergeant working for the Denver Police Department’s Special Investigations Division, has worked in law enforcement for more than 22 years and is widely considered an expert in combatting sex trafficking.

He was one of the investigators who helped found the Rock Mountain Innocence Lost Task Force and supervised it for five years.

But he was also named in a lawsuit filed late last year, in which he was accused of disclosing personal details, including the name and photograph, of a child sex trafficking victim from Denver in a movie that ran on Netflix called “Tricked.”

Though he was not a defendant in the lawsuit, Steele’s actions were the crux of it. The defendant in the suit, film company Three Generations Inc., settled for an undisclosed amount with the plaintiff in February.

Brauchler’s human trafficking unit was founded after his office received funding from the four counties his district represents in 2015.

“These cases are frequently difficult to prosecute,” said Brauchler. “Victims can be reluctant to testify, and witnesses frequently come from troubled backgrounds and tough circumstances. Our team understands the complexities and works to hold traffickers accountable and help vulnerable victims. I’m pleased to be able to add Dan Steele’s expertise to our efforts.”

Colorado correctional officer sues prison captain over alleged sexual harassment

DENVER – A female correctional officer is suing a prison officer and the Colorado’s executive director of the state Department of Corrections in federal court over claims the officer sexually harassed her, and that she was retaliated against when she cried foul.

The suit was filed in U.S. District Court of Colorado over the weekend on behalf of Leticia Cornella, who first took a job with the Department of Corrections in September 2015.

In the suit, Cornella accuses Scott Lancaster, who was her supervisor, of sexual harassment. Department of Corrections Executive Director Rick Raemisch is also named as a defendant in the suit.

Cornella is seeking back pay, punitive damages, reassignment and court and attorneys’ fees should a judge decide in her favor that she was harassed and subjected to discrimination at work.

According to the lawsuit, Cornella, 46, had a one-time sexual encounter with Lancaster shortly after she started working with him at the Limon Correctional Facility.

But she decided that the relationship shouldn’t continue since Lancaster was her supervisor, which the suit says Lancaster also agreed with. But the suit accuses him of backpedaling on that agreement, and eventually subjecting Cornella to ongoing harassment.

“It is the rare case in which a sexual encounter between a supervisor and his or her underling leads to a stroll into a romantic sunset of marital bliss,” the suit says. “More often, the results of such an encounter leads to what has occurred in this case: misunderstood motives, unnecessary fear of reprisal and, most harmful of all, the exercise of power and dominance by a male supervisor over the future employment opportunities of a female employee.”

After Cornella told Lancaster that she did not want to have any further sexual encounters with him, Lancaster “assured…that he understood,” according to the lawsuit.

But she “was wrong,” according to the suit, which says that Lancaster started making advances on her again a couple months later. When she rebuffed him, according to the suit, “[h]e then stormed out of her office, enraged. He would not, he said emphatically, be ignored.”

Even when Cornella met her now-husband, according to the suit, Lancaster continued to make advances. While the three were all hanging out one time, Lancaster allegedly made lewd comments and gestures toward Cornella in front of her husband—one of which she recorded on her cell phone, the suit says.

And he continued to retaliate against her at work, according to the suit, calling her a “porn queen” in front of other staffers at one point last June.

Cornella put in a transfer request, but Lancaster was instead transferred to the prison in Canon City, and Cornella dropped her transfer request.

But according to the suit, Lancaster continued to prod her to have her come join him in Canon City—offers she refused.

And months later—in September 2016—Lancaster transferred back to Limon. Cornella was assigned to be his administrative assistant and would be working directly with him.

The lawsuit says that Lancaster’s behavior “escalated” immediately upon his return, and that he “began to stalk” her, suggesting they should hook up and that Cornella should “just [do] what she was told.”

He was assigned to perform her annual performance review, and the suit says that Cornella feared he would use the review to retaliate against her for denying his alleged advances.

He would stare at her often and try to be close to her, according to the suit, and his behavior “increased to the point of obsession,” she claims.

Last November, according to the suit, Cornella filed a formal complaint against Lancaster, after which she was moved to a different office and told that Lancaster was to have no further communications with her, and that all were to go through a major at the prison.

But the suit claims that didn’t happen, and when she complained to the prison’s warden, he allegedly told her to “get over it.”

“Warden Falk essentially gave Lancaster license to do whatever he pleased if he did not touch Cornella or say anything explicitly inappropriate to her,” the suit says.

In January, an investigator assigned to Cornella’s complaints found he couldn’t charge Lancaster with sexual harassment because the original encounter between him and Cornella was consensual, the lawsuit says.

But Cornella’s lawyer, Denver attorney David H. Wollins, argues that Lancaster again gained power over Cornella because of that judgment: “From that moment forward, Ms. Cornella was a marked woman,” he writes in the suit.

Cornella filed a discrimination charge with the U.S. Equal Employment Opportunity office in February, claiming that her work environment “had become so hostile that no reasonable woman” would be able to work in Cornella’s job. But the suit claims it did nothing to help.

“February and March 2017 were among the most miserable months of Ms. Cornella’s life,” the suit says, adding that Lancaster continued to invade her space.

Wollins says that the anxiety and stress at work eventually led a doctor to advise she take a week off, and diagnose her with “severe depression and anxiety.”

Upon her return, she requested not to have any contact with Lancaster—but the request was denied. She had already exhausted her paid time off, sick leave and FMLA leave.

And a transfer request to DOC headquarters has so far not been accepted, so Cornella currently remains employed by the department, but is not assigned to any positions and is not being paid. She has gotten a part-time job in the meantime, according to her attorney.

“DOC officials are taking the position that Ms. Cornella is at fault for the hostile work environment,” the suit says.

Judge dismisses Colo. AG’s suit against Boulder Co. oil and gas moratorium after it expires

BOULDER COUNTY, Colo. – A Boulder District Court judge last week dismissed a lawsuit by the Colorado attorney general and two oil and gas organizations that sought to block the county’s moratorium on oil and gas development.

Judge Norma Sierra granted the motion to dismiss last Tuesday, though the motion was unopposed by the attorney general’s office and the two other plaintiff interveners in the suit: the Colorado Oil and Gas Association and American Petroleum Institute.

The dismissal came after attorneys for both sides agreed not to pursue the suit further because the moratorium, which bans the county from accepting and processing new attempts by companies to develop oil and gas properties in unincorporated part of the county, expired on May 1.

Each party to the suit has been directed to pay their own court costs and attorneys’ fees in the case.

Colorado Attorney General Cynthia Coffman filed the suit in February after the county failed to repeal its moratorium by the imposed deadline of Feb. 10.

Boulder County put the moratorium in place in 2012 and has extended it eight times, most recently in December, when county commissioners voted to extend it to May 1.

The now-dismissed suit pointed to a 2015 Colorado Supreme Court case that went against Fort Collins’ moratorium on fracking and a Longmont moratorium, and said that local governments cannot regulate the oil and gas industry.

The 2015 case’s ruling said that the Colorado Oil and Gas Conservation Act gives the state sole power to regulate oil and gas development and operations within the state.

In both rulings, the court said that even temporary moratoriums, which Boulder has argued its is, “deleteriously affects what is intended to be a state-wide program of regulation.”

Coffman on Monday praised the county’s decision to lift its moratorium.

“Boulder County took a positive step by finally lifting its unlawful moratorium, and I strongly believe that would not have happened without my office taking action to enforce state law,” she said. “While my office will be watching how Boulder’s new rules are implemented, we have agreed to the dismissal of our court case since there no longer is a moratorium in place.”

A Boulder County spokesman told the Daily Camera Monday that the county had so far not received any new development applications since the moratorium expired May 1.

The county has since implemented new rules regarding oil and gas development.

The suit’s dismissal comes amid a heightened focus on oil and gas development in populated areas of Colorado, as Gov. John Hickenlooper has ordered all oil and gas wells within 1,000 feet of occupied buildings to be inspected after a home in Firestone blew up because of leaking gases from an abandoned well.


Enjoy this content? Follow Denver7 on Facebook, Twitter, Instagram and download the Denver7 app on iOS and Android devices for continual access to breaking news, weather and sports.

Federal lawsuit argues Amendment 71, requiring rural input on ballot measures, is unconstitutional

DENVER – A handful of ballot measure proponents have filed a federal lawsuit arguing that Amendment 71, which changed the way constitutional amendments can reach Colorado’s ballot when it was approved by voters last year, violates the U.S. and Colorado constitutions.

The lawsuit is the first legal challenge to Amendment 71, which despite being among the more-controversial measures on last year’s Colorado ballot, was approved by 55.7 percent of the vote. Voting against the measure were 44.3 percent of Coloradans. Continue reading

Fight over Thompson Divide oil and gas leases heats up with Pitkin Co. lawsuit

PITKIN COUNTY, Colo. – A fight over oil and gas leases in the Thompson Divide area continues to heat up, as Pitkin County and an environmental nonprofit filed suit Wednesday to be sure that a November decision by the feds to cancel 25 leases in the area is upheld under the Trump administration.

The lawsuit, filed in U.S. District Court of Colorado by the Pitkin Board of County Commissioners and Carbondale nonprofit Wilderness Workshop, claims that the Bureau of Land Management and U.S. Department of the Interior broke their own rules when they extended oil and gas leases for Houston-based SG Interests in the years following 2013. Continue reading

3 Denver deputies, including captain, suspended without pay over jail inmate’s death

DENVER – Two Denver sheriff’s deputies and a department captain will serve unpaid suspensions of between 10 and 16 days in May for policy violations that led to the death of a Denver jail inmate in November 2015.

The Denver Department of Safety on Wednesday released its disciplinary review of the deputies’ actions in the death of Michael Marshall, a jail inmate who was pulled off life support and died several days after the confrontation with the deputies, who staff the city/county jail. Continue reading