10th circuit
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10th Circuit agrees Frontier must pay TSA for security fees
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Frontier Airlines must pay nearly $5.4 million to the Transportation Security Administration after it improperly held onto security-related fees paid by certain customers, the federal appeals court in Denver ruled on Monday. The TSA argued that federal law and regulations permit refunds of a ticket-based security fee to be paid to only two recipients: the…
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10th Circuit upholds verdict against Denver, officer for protest-related violations
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The Colorado-based federal appeals court on Tuesday turned aside multiple challenges to a 2022 jury verdict that found Denver and one of its officers violated the constitutional rights of protesters and were liable for $14 million. In the first of many lawsuits culminating in a jury trial, 12 plaintiffs largely succeeded in arguing that Denver’s…
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
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Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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10th Circuit rules State Farm not required to pay benefits in I‑25 swerving crash
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The Denver-based federal appeals court concluded last week that two vehicle occupants who were injured while swerving to avoid a man in the middle of Interstate 25 are not entitled to insurance benefits. Plaintiffs Stephanie Mazur and Julia Wunder were in a vehicle insured by State Farm at the time of their wreck. The insurance…
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State Supreme Court to hold oral arguments, federal judges find fault with bond hearings | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court will resume hearing oral arguments tomorrow, plus some federal judges are raising the alarm about immigration judges’ handling of bond hearings. Oral argument calendar • The Colorado Supreme Court will hold oral arguments in six cases this…
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10th Circuit provides guidance on police searches of cloud-based data
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The Denver-based federal appeals court provided guidance to law enforcement agencies on Monday for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching an…
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10th Circuit upholds dismissal of Barry Morphew’s civil lawsuit against prosecutors, investigators
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The Denver-based federal appeals court agreed on Monday that Barry Morphew, who now stands accused for a second time of murdering his wife, failed to state viable claims against the government officials involved in his first, unsuccessful prosecution. Morphew was arrested in May 2021, almost a year after his wife, Suzanne Morphew, disappeared. State prosecutors…
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Federal judge blocks evidence from Aurora police’s unconstitutional search
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A federal judge ruled last month that prosecutors cannot use firearm evidence against a defendant because Aurora police searched him without having any reasonable basis to believe he was armed and dangerous. In evaluating the constitutionality of the search, U.S. District Court Senior Judge William J. Martínez noted that police officers were called to a…
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SCOTUS decides Colorado case, state’s newest justice authors first opinion | COURT CRAWL
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Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The nation’s highest court decided a First Amendment case out of Colorado, plus the state’s newest justice issued her first opinion since joining the Colorado Supreme Court last month. Heard on appeal • The state Supreme Court decided that news organizations…
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10th Circuit grants rare all-judges’ review of Colorado banking regulation
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The Denver-based federal appeals court announced on April 2 that it will hold a rare all-judges review of a recent decision that permits Colorado to require out-of-state banks to abide by the state’s maximum interest rates when they lend to in-state residents. Even more unusually, it is the second full-court hearing the U.S. Court of…