equal protection
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10th Circuit says judge erred in denying immunity to Denver officers who arrested man for recording
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The Colorado-based federal appeals court sided with two Denver police officers on Tuesday, finding they were entitled to immunity outright or to a second look at their arguments in a lawsuit over a man’s arrest for video recording at a police station. There was no dispute that a sign was posted on the window of…
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10th Circuit denies full-court review of trans detainee’s appeal; some GOP appointees dissent
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The members of the Denver-based federal appeals court rejected El Paso County’s request on Tuesday for full-court review of a recent decision reinstating the constitutional rights lawsuit of a transgender detainee. In February, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Darlene Griffith had credibly alleged then-Sheriff Bill Elder’s housing and…
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Colorado justices appear open to striking down harsher municipal sentences
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Members of the Colorado Supreme Court appeared open last week to the idea that municipalities cannot impose harsher sentences under their own ordinances than state law does for identical criminal offenses. In a rare pair of appeals taken directly from municipal court, the justices heard about an unusual twist in the relationship between state and…
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Federal judge dismisses claims against Academy District 20 officials for ejecting man from meeting
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A federal judge on Monday concluded a man who was ejected from an Academy District 20 school board meeting in December 2023 had not stated viable claims that district officials violated his constitutional rights. Brett Dayberry had been speaking during the public comment period about “numerous extremely vile passages” in a book that was available…
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10th Circuit revives transgender detainee’s lawsuit against El Paso County sheriff
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The federal appeals court based in Denver ruled on Wednesday that a transgender detainee at the El Paso County jail could proceed with her lawsuit against the sheriff and a deputy for alleged violations of her constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that several of…
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Appeals court finds constitutional violation with man’s child sex offense
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Colorado’s second-highest court concluded on Thursday that an Arapahoe County man’s conviction for unlawful sexual contact on a child violated his constitutional rights and must be vacated. Jurors convicted Lucas Bienvenido Mena in 2021 of multiple sex offenses after hearing he pushed a 12-year-old relative into a bathroom, touched her genitals and took photos of…
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Colorado Supreme Court to intervene in second case questioning harsher municipal sentences
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The Colorado Supreme Court signaled last month that it may intervene in a second case questioning whether municipalities can impose tougher sentences than state law does for identical criminal conduct. At least four of the seven justices must agree to hear a case that is appealed directly to the Supreme Court without going to the…
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10th Circuit declines to upend women’s volleyball tournament in lawsuit over trans player
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The federal appeals court based in Denver declined on Tuesday to order a Colorado Springs-based athletic organization to bar a transgender woman from participating on her college’s volleyball team and alter the record of wins and losses among schools immediately before a tournament is set to begin on Wednesday. The decision comes one day after…
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10th Circuit upholds dismissal of Aurora councilwoman’s lawsuit
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The federal appeals court based in Denver agreed on Monday that an Aurora city council member had not shown a violation of her constitutional rights occurred when she became the subject of a social worker’s false report of child abuse. Councilwoman Danielle Jurinsky sued Arapahoe County, the department of human services and Robin Niceta, who was…
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Federal judge green-lights lawsuit for trial by man arrested for recording Denver police station
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A jury will decide whether two Denver police officers violated a man’s First Amendment rights when they arrested him for recording at a police station, a federal judge ruled on Monday. There was no dispute that a sign was posted on the window of the District 5 station in northeast Denver prohibiting video recording “in”…