allison eid
-
10th Circuit: Thanks, but no thanks on Justice Thomas’ pot statement
—
by
The federal appeals court based in Denver declined to apply a 2021 statement of U.S. Supreme Court Justice Clarence Thomas in deciding last week whether to block federal authorities from investigating a marijuana dispensary’s compliance with the tax code. Previously, Thomas cast doubt on Congress’s ability to regulate cannabis within states by pointing to the…
-
10th Circuit upholds order for Colorado Springs landlord to comply with lead paint investigation
—
by
The federal appeals court based in Denver agreed that a Colorado Springs landlord must comply with an order to provide records to the U.S. Environmental Protection Agency, which is investigating whether he properly disclosed lead paint to tenants. David H. Zook, who is the manager of the company that owns 806 E. Boulder St., has…
-
10th Circuit mulls reinstating lawsuit against Vail Resorts for early COVID-19 closure
—
by
As the federal appeals court based in Denver considers whether to revive a lawsuit against Vail Resorts from passholders seeking refunds for the 2019-2020 ski season, the company’s lawyer defended its actions to halt operations at the dawn of the deadly COVID-19 pandemic. “People were gonna die. So we closed,” Michael J. Hofmann told the U.S.…
-
10th Circuit weighs whether CU medical school’s vaccine mandate burdens free exercise of religion
—
by
Although a trial judge believed the University of Colorado was not obligated to accommodate more than a dozen medical students and staff whose religious beliefs opposed vaccination for COVID-19, the federal appeals court based in Denver appeared less supportive of the school on Wednesday. A three-judge panel of the U.S. Court of Appeals for the…
-
Religion, injunctions, affirmative consent: Court conference tackles heavy political subjects
—
by
Federal judges and lawyers heard about the cascade of recent developments in legal interpretation during a three-day conference in Colorado Springs, with a heavy focus on the U.S. Supreme Court’s sharp turn toward more conservative outcomes on major cultural issues. Attendees at the U.S. Court of Appeals for the 10th Circuit’s Bench & Bar Conference…
-
10th Circuit agrees Denver not immune from ADA lawsuit
—
by
The federal appeals court based in Colorado agreed a woman could sue her former employer, the City and County of Denver, for disability discrimination without running into the immunity typically granted to states and their agencies. Lower court judges have repeatedly held that local departments of human services in Colorado are arms of the state…
-
10th Circuit splits 2-1 on whether to order review of man’s torture claim
—
by
Even though the federal appeals court based in Denver acknowledged an immigration judge in Colorado made a mistake when finding a Mexican citizen could avoid torture simply by moving elsewhere, it declined to overturn a deportation order by a 2-1 decision on Monday. Carlos E. Lockwood Alvarez asked the U.S. Court of Appeals for the…
-
10th Circuit upholds longer sentence for cognitively-impaired man, says there ‘not a right answer’
—
by
Even while recognizing the defendant’s only sexual offense happened 25 years ago, that he had served his prison sentence, and that he had the cognitive abilities of a second grader, the federal appeals court based in Denver declined to order a lesser sentence for Kayode Dobosu’s failure to comply with certain conditions of his sex…
-
10th Circuit tosses inmate’s lawsuit over COVID-19 prison protocols
—
by
A Colorado inmate has not plausibly claimed that prison officials’ allegedly-deficient COVID-19-prevention measures amounted to cruel and unusual punishment, the federal appeals court based in Denver has decided. Delano Marco Medina, who is incarcerated at the Colorado Territorial Correctional Facility in Cañon City, first filed a petition in federal court in June 2020, claiming the Colorado…
-
10th Circuit says inmate cannot sue for cruel and unusual punishment over amputated fingers
—
by
An incarcerated man allegedly told his supervisor of faulty equipment on a work assignment and ended up losing two fingers as the result of an accident, but the federal appeals court based in Denver has thrown out his lawsuit alleging cruel and unusual punishment. Gregory Morris Sanders was working through Colorado Correctional Industries, the state’s…
