x
Breaking News
More () »

10th Circuit uses 'unprecedented' maneuver to overturn injunction on Denver's homeless sweeps

The plaintiffs filed their lawsuit in October 2020 alleging, that the city violated their right to due process under the law by conducting sweeps without due notice.

DENVER — By a 2-1 decision, the federal appeals court based in Colorado has overturned a judge's injunction that directed the City and County of Denver to provide ample notice of encampment "sweeps" to homeless residents.

The three-judge panel of the U.S. Court of Appeals for the 10th Circuit decided that the plaintiffs in the case — Denver Homeless Out Loud and several individual residents who experienced encampment clearings — had no ability to litigate their constitutional claim in the first place. In an extraordinary departure from typical practice, the majority reached its conclusion even though Denver itself had not raised that argument in its own defense on appeal.

Judge Veronica S. Rossman, writing in dissent on Tuesday, vehemently disagreed with the majority's choice, on its own, to invoke the principle of claim preclusion in deciding the trial court had no authority to resolve the case. She called the move "particularly unusual," "unprecedented" and a "mistake."

> Read the full story at Colorado Politics.

MORE WAYS TO GET 9NEWS 

Subscribe to our daily 9NEWSLETTER for top stories from 9NEWS curated daily just for you. Get content and information right now for can’t-miss stories, Next and Broncos content, weather and more delivered right to your inbox.   

DOWNLOAD THE 9NEWS APP
iTunes: http://on9news.tv/itunes
Google Play: http://on9news.tv/1lWnC5n  

HOW TO ADD THE 9NEWS APP TO YOUR STREAMING DEVICE 

ROKU: add the channel from the ROKU store or by searching for KUSA. 

For both Apple TV and Fire TV, search for "9NEWS" to find the free app to add to your account. Another option for Fire TV is to have the app delivered directly to your Fire TV through Amazon.

RELATED: Colorado legislators, Polis want to allocate $200 million to confront homelessness

RELATED: Researchers examine whether urban camping bans help people out of homelessness

RELATED: Students use social media to bring awareness to people living with homelessness

SUGGESTED VIDEOS: Colorado real estate market 

Paid Advertisement