carolyn mchugh
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Government’s 23-month delay not a reason to dismiss criminal case, 10th Circuit rules
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Even though the government waited 23 months after indicting a defendant to resume its prosecution, a trial judge was wrong to conclude the delay violated the man’s constitutional right to a speedy trial, the federal appeals court based in Denver ruled last week. U.S. District Court Senior Judge Christine M. Arguello derided the indictment of…
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Court sides with Frontier over flight attendant seeking alcohol rehab-related accommodations
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Frontier Airlines did not violate the Americans with Disabilities Act when it denied a flight attendant’s request to build her schedule without layovers to avoid exacerbating her alcoholism, the federal appeals court based in Denver concluded this week. The airline refused to allow Rebecca Brigham to pick up “leftover” shifts that other flight attendants had…
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10th Circuit upholds sealing of records in response to Colorado Springs church’s harassment
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The federal appeals court based in Denver has upheld a trial judge’s decision to block access to certain court records, out of concern that members of a Colorado Springs church would use the information to harass and intimidate witnesses. A long-running and unusual quest for transcripts has been intertwined with the Colorado Springs Fellowship Church…
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10th Circuit tosses Adams County detainee’s lawsuit over lack of sleep apnea machine
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A man detained in the Adams County jail did not plausibly allege sheriff’s employees and medical contractors violated his constitutional rights when they failed to provide a machine to treat his sleep apnea, the federal appeals court based in Denver ruled on Thursday. Alexander Noel Garcia sued the sheriff’s office and the jail’s medical contractor,…
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10th Circuit skeptical of anti-vax challenge to military’s COVID-19 policy
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Two former military personnel ran into a chilly reception at the federal appeals court based in Denver on Friday, with judges calling into question not only whether the plaintiffs had the ability to sue over the government’s COVID-19 vaccination requirement, but also if the plaintiffs were even speaking factually about the vaccines. During oral arguments…
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10th Circuit mulls reinstating lawsuit against Vail Resorts for early COVID-19 closure
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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.…
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Divided 10th Circuit upholds own ruling rejecting immunity for church in employment lawsuit
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In an unusual 6-4 decision, the federal appeals court based in Denver has refused to reconsider its ruling from earlier this year that found an Arvada church may be held legally liable for allegedly retaliating against one of its former employees. Originally decided in June by a three-judge panel, Faith Bible Chapel International and its religious…
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10th Circuit awards immunity to Fort Collins cop who slammed college student into ground
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The federal appeals court based in Denver has determined a Fort Collins officer who slammed a college student face-first into the ground cannot be held liable for excessive force. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged Officer Randall Klamser did violate the constitutional rights of Michaella Lynn Surat…
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10th Circuit mulls whether to recognize right of hemp producers to sue for plant confiscation
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One day after Francisco Serna passed through Denver International Airport, he filed a lawsuit in federal court with a three-sentence description of what happened when he attempted to carry his hemp plants through security. “I was travelling with 32 plant clones or rooted clippings compliantly produced under Subtitle G of 2018 Farm Bill Act,” Serna…
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10th Circuit skeptical of Fort Collins officer’s excessive force arguments
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A Fort Collins police officer’s contention that he should not face civil liability for slamming an unarmed college student face-first into the pavement received an icy reception at the Denver-based federal appeals court on Wednesday. After a lower court judge ruled that Officer Randall Klamser would proceed to a jury trial for using a “rowing…
