Author: Michael Karlik
-
10th Circuit finds no fair housing violation by Littleton landlord for worker’s alleged rape of tenant
The Denver-based federal appeals court concluded on Monday that Littleton’s housing authority could not be held liable for a maintenance worker’s alleged rape of a tenant, as the worker’s employment did not provide any special access to the victim. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged that neither…
-
Denver detox center did not violate man’s rights with 10-hour hold, 10th Circuit says
The Colorado-based federal appeals court concluded on Tuesday that Denver’s detoxification facility did not violate a man’s rights by holding him against his will for 10 hours until his blood alcohol content was projected to reach zero. Unusually, Brian Garrett’s lawsuit against Denver CARES unfolded as a federal jury concluded the organization violated the constitutional…
-
Federal judge clarifies ex-GOP treasurer candidate’s burden to prove defamation claims
A federal judge clarified last week that businessman and former Republican statewide candidate Brian Watson will need to surmount a higher hurdle in proving his claim that a party guest’s alleged description of him as a “criminal” amounted to defamation. Watson was the GOP nominee for Colorado treasurer in 2018 and a 2012 candidate for…
-
Federal judge rejects constitutional claims, ‘expressions of hatred’ by Club Q defendant
A federal judge rejected a defendant’s claims that he received constitutionally ineffective assistance of counsel while facing federal hate crime and firearms charges for murdering five people at a Colorado Springs LGBTQ nightclub in 2022. Anderson Lee Aldrich is serving multiple lifetime sentences in prison on state murder charges, plus an effective life sentence for…
-
Divided 10th Circuit upholds Colorado congestion fee on car rentals
The Denver-based federal appeals court concluded on Monday that a 2024 “congestion impact fee” that lawmakers imposed on short-term vehicle rentals did not conflict with a federal prohibition on certain airport-related charges. Beginning in the 1970s, Congress began limiting the types of taxes or fees that state or local governments could impose at airports. Originally,…
-
10th Circuit dismisses woman’s lawsuit following 10-year attempt to undo restraining order
The Denver-based federal appeals court rejected a woman’s challenge on Friday to a restraining order imposed on her more than a decade ago, finding that she cannot credibly claim she will be prosecuted for violating the restraining order through her First Amendment-protected activity. The U.S. Court of Appeals for the 10th Circuit already concluded in…
-
10th Circuit dismisses woman’s lawsuit following 10-year attempt to undo restraining order
The Denver-based federal appeals court rejected a woman’s challenge on Friday to a restraining order imposed on her more than a decade ago, finding that she cannot credibly claim she will be prosecuted for violating the restraining order through her First Amendment-protected activity. The U.S. Court of Appeals for the 10th Circuit already concluded in…
-
Colorado equal pay law does not require plaintiffs to allege gender-based retaliation, appeals court finds
The 2019 Colorado law aimed at rooting out pay discrimination on the basis of sex does not require a plaintiff to allege their employer retaliated against them for sex- or gender-related reasons, the state’s second-highest court decided on Thursday. Lawmakers enacted the Equal Pay for Equal Work Act with a stated intent to “close the…
-
Senate committee advances Trump’s 10th Circuit nominee, as Domenico responds to questions about delays
The U.S. Senate Judiciary Committee advanced President Donald Trump’s nominee to the Denver-based federal appeals court on Thursday by a party-line vote of 12-10. U.S. District Court Judge Daniel D. Domenico, who was Trump’s first-term appointee to Colorado’s federal trial court, is now seeking a seat on the powerful U.S. Court of Appeals for the…
-
Colorado justices to hear embryonic donation dispute
The Colorado Supreme Court announced on Monday that it will decide whether lower court judges properly applied its framework for adjudicating disputes over the fate of pre-embryos, in which one person wants to use them to become a parent and the other wishes to donate them. At least three of the court’s seven members must…