County

Appeals court rules in favor of RBCSO

RBC | Rio Blanco County sheriff’s employees did not unconstitutionally ignore the risk of suicide to a woman who died inside the county jail in 2016, the federal appeals court based in Denver has ruled.

Although there were allegations the employees failed to check on Catherine Rowell hourly, as the policy manual required, “the officers’ failure to follow jail procedures does not equate with a constitutional violation,” wrote Senior Judge Paul J. Kelly Jr. in an opinion for the U.S. Court of Appeals for the 10th Circuit.

The ruling from the three-member appellate panel upheld a lower court judge’s finding that Rowell’s behavior in the jail did not put employees on sufficient notice of her suicidality, and therefore their failure to prevent it did not violate Rowell’s rights.

Rowell’s estate, which included her husband and children, sued Sheriff Anthony Mazzola and four other employees for wrongful death due to negligence and deliberate indifference under the 14th Amendment to Rowell’s risk of suicide.

Rowell, who was booked at the jail in Meeker for violating a protective order, died Feb. 15, 2016. Jail staff found her strangled with a telephone cable, and were unable to revive her. Some of the jail personnel were familiar with Rowell from her previous bookings, and the intake questionnaire from Rowell’s detention indicated she had not disclosed any suicidality. The plaintiffs alleged instead that the deputy had not asked her the question.

Although Rowell reportedly showed signs of apathy, frequent sleeping, rejection of outdoor recreation time and lack of appetite, jail personnel stated they were unconcerned about those behaviors. The estate alleged staff should have checked on Rowell every 15 minutes and she “should have been placed in jail cell that did not provide her an opportunity to harm herself.”

In January 2020, U.S. District Court Senior Judge Robert E. Blackburn concluded that “the facts in the record of this case fall well short of demonstrating that any defendant was aware of facts from which the inference can reasonably be drawn that the armored cable presented a substantial risk of suicide,” and that the employees actually understood the risk to Rowell.

The 10th Circuit panel upheld that decision in a March 23 opinion. In evaluating the estate’s claim that Rowell’s death was the result of inadequate policies, Kelly noted that “the jail has had one suicide-by-hanging from decades ago and one recent attempted suicide-by-drowning. While tragic, this is not a pattern of conduct that would establish actual notice of a substantially high risk of suicide.”

On the whole, deaths in jails are not a rare occurrence. A Reuters analysis found that between 2009 and 2019, more than five dozen detained individuals died by suicide in Colorado’s 10 largest jails. In March 2016, Westword reported there to be one dozen suicides in Colorado jails or prisons, including Rowell’s, that occurred from January 2015 through March 2016. Just this week, a man detained in the El Paso County jail died by suicide, and earlier in March the mother of a 27-year-old detainee in Saguache County filed a lawsuit over his death.

The 10th Circuit’s opinion was unpublished, meaning it is not a binding precedent for the future.

The case is Heidel et al. v. Mazzola et al.


HOPEWEST PRESS RELEASE | Special to the Herald Times

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  • Results are not guaranteed, unfortunately! Read all the Rio Happenings in this week’s edition and online at ht1885.com.
  • Pictured with awards from the Triple Crown Series (#3 and #4) from bottom left Hudson Hummel (4th and 2nd), Lee Kirkpatrick (3rd and 4th), Heath Bennet (2nd and 2nd), Sawyer Hummel (1st and 3rd), Eli Bennet (1st), David Murray (Coach), Auri Murray (2nd and 1st), Taylor Bain, and Dawn Arnold (2nd). Story online at ht1885.com.
  • Bailey is our first Marketing Mixology partner and we are excited to help her promote this fun event along with the Meeker Colorado Chamber of Commerce!

Bailey and Real Estate West will host the second annual Easter Egg Hunt March 25th-29th. Go follow her page so you don't miss any clues!
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  • More freudenfreude, less schadenfreude… Hear from our Editor in her column this week online at ht1885.com.
  • 🍀 Happy St. Patrick's Day from the Herald Times! 🍀 According to the Census Bureau, over 31 million people - or 9.5%! - in America claim Irish ancestry! Everyone have a safe and fun Patty's Day celebrating your Irishness, real or honorary!
  • The Cowboys played in their first golf tournament in the spring at Chipeta, “it was a bit of a cloudy and windy day but it was awesome to see some grass and a golf course,” commented head coach Amanda Back. Vivian Brown, pictured on the left, broke 100 and shot a 94 and Jayda May second from right shot a 99. From the far right, excluding those that have been mentioned, Averee Woodward, Joelle Soler, Mia Pinzon, Aurora Stalling, and Kailynn Watson all played scramble. This was Pinzon’s, Stalling’s and Watson’s first tournament as Meeker High School girl golfers. “It’s going to be a great season,” ended Back.
  • Mountain Sage Therapeutics held a grand opening and ribbon cutting for their new business at 640 Main St. in Meeker. Owners Teresa Wilde and Justin Noller offer movement, energy, and massage therapy for animals and their human companions. They are pictured here with the Chamber of Commerce and local citizens who attended. View their service on their website at www.mountainsagetherapeutics.abmp.com and contact them for an appointment 970-706-8445.
  • Members of the Rio Blanco Golf Association got a jump on spring this past week as volunteers shoveled and blew the snow off the greens. The winter’s snow and ice layers suffocate the fragile bent grass putting surfaces and getting the snow off allows Mother Nature to start her healing process earlier.
“For 50 years I’ve waited to see Meeker’s greens come out this nice,” said Jim Cook, who is returning to help at the course.” Hats off to Hunter and Matt Fellows who did an excellent job applying the snow mold preventative last fall which has made all the difference this year.”
Board members and volunteers are very hopeful that this will be a turnaround year for the local 9-hole course which plans an early April opening, weather permitting.
  • The 2024 Colorado State Champions hosted their annual awards banquet Sunday. Head Coach JC Watt and Assistant Coach Carl Padilla commented on this year’s team’s success as a product of work in the room, dedication by wrestlers and coaches, and a champion mentality. Read the story online at ht1885.com.
Results are not guaranteed, unfortunately! Read all the Rio Happenings in this week’s edition and online at ht1885.com.
Results are not guaranteed, unfortunately! Read all the Rio Happenings in this week’s edition and online at ht1885.com.
5 hours ago
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Pictured with awards from the Triple Crown Series (#3 and #4) from bottom left Hudson Hummel (4th and 2nd), Lee Kirkpatrick (3rd and 4th), Heath Bennet (2nd and 2nd), Sawyer Hummel (1st and 3rd), Eli Bennet (1st), David Murray (Coach), Auri Murray (2nd and 1st), Taylor Bain, and Dawn Arnold (2nd). Story online at ht1885.com.
Pictured with awards from the Triple Crown Series (#3 and #4) from bottom left Hudson Hummel (4th and 2nd), Lee Kirkpatrick (3rd and 4th), Heath Bennet (2nd and 2nd), Sawyer Hummel (1st and 3rd), Eli Bennet (1st), David Murray (Coach), Auri Murray (2nd and 1st), Taylor Bain, and Dawn Arnold (2nd). Story online at ht1885.com.
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Bailey is our first Marketing Mixology partner and we are excited to help her promote this fun event along with the Meeker Colorado Chamber of Commerce!

Bailey and Real Estate West will host the second annual Easter Egg Hunt March 25th-29th. Go follow her page so you don't miss any clues!
@bailey_waldref_rew 

💚💚💚

Marketing Mixology is a FREE promotion where we spotlight one lucky local business across print, digital, and social channels each month! 

#locallove #locallovespotlight #lovemeeker #marketingmixology #shoplocal #superchargeyourmarketing
Bailey is our first Marketing Mixology partner and we are excited to help her promote this fun event along with the Meeker Colorado Chamber of Commerce! Bailey and Real Estate West will host the second annual Easter Egg Hunt March 25th-29th. Go follow her page so you don't miss any clues! @bailey_waldref_rew 💚💚💚 Marketing Mixology is a FREE promotion where we spotlight one lucky local business across print, digital, and social channels each month! #locallove #locallovespotlight #lovemeeker #marketingmixology #shoplocal #superchargeyourmarketing
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More freudenfreude, less schadenfreude… Hear from our Editor in her column this week online at ht1885.com.
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1 day ago
View on Instagram |
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🍀 Happy St. Patrick's Day from the Herald Times! 🍀 According to the Census Bureau, over 31 million people - or 9.5%! - in America claim Irish ancestry! Everyone have a safe and fun Patty's Day celebrating your Irishness, real or honorary!
🍀 Happy St. Patrick's Day from the Herald Times! 🍀 According to the Census Bureau, over 31 million people - or 9.5%! - in America claim Irish ancestry! Everyone have a safe and fun Patty's Day celebrating your Irishness, real or honorary!
2 days ago
View on Instagram |
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The Cowboys played in their first golf tournament in the spring at Chipeta, “it was a bit of a cloudy and windy day but it was awesome to see some grass and a golf course,” commented head coach Amanda Back. Vivian Brown, pictured on the left, broke 100 and shot a 94 and Jayda May second from right shot a 99. From the far right, excluding those that have been mentioned, Averee Woodward, Joelle Soler, Mia Pinzon, Aurora Stalling, and Kailynn Watson all played scramble. This was Pinzon’s, Stalling’s and Watson’s first tournament as Meeker High School girl golfers. “It’s going to be a great season,” ended Back.
2 days ago
View on Instagram |
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Mountain Sage Therapeutics held a grand opening and ribbon cutting for their new business at 640 Main St. in Meeker. Owners Teresa Wilde and Justin Noller offer movement, energy, and massage therapy for animals and their human companions. They are pictured here with the Chamber of Commerce and local citizens who attended. View their service on their website at www.mountainsagetherapeutics.abmp.com and contact them for an appointment 970-706-8445.
2 days ago
View on Instagram |
7/9
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“For 50 years I’ve waited to see Meeker’s greens come out this nice,” said Jim Cook, who is returning to help at the course.” Hats off to Hunter and Matt Fellows who did an excellent job applying the snow mold preventative last fall which has made all the difference this year.”
Board members and volunteers are very hopeful that this will be a turnaround year for the local 9-hole course which plans an early April opening, weather permitting.
Members of the Rio Blanco Golf Association got a jump on spring this past week as volunteers shoveled and blew the snow off the greens. The winter’s snow and ice layers suffocate the fragile bent grass putting surfaces and getting the snow off allows Mother Nature to start her healing process earlier. “For 50 years I’ve waited to see Meeker’s greens come out this nice,” said Jim Cook, who is returning to help at the course.” Hats off to Hunter and Matt Fellows who did an excellent job applying the snow mold preventative last fall which has made all the difference this year.” Board members and volunteers are very hopeful that this will be a turnaround year for the local 9-hole course which plans an early April opening, weather permitting.
2 days ago
View on Instagram |
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The 2024 Colorado State Champions hosted their annual awards banquet Sunday. Head Coach JC Watt and Assistant Coach Carl Padilla commented on this year’s team’s success as a product of work in the room, dedication by wrestlers and coaches, and a champion mentality. Read the story online at ht1885.com.
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