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.
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