equal protection
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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”…
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Federal judge dismisses Denver parent’s lawsuit seeking to put ‘straight pride’ flag in classrooms
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A federal judge on Thursday dismissed a lawsuit from a Denver Public Schools parent who sought to force the district to honor his request to display “straight pride” flags in his children’s classrooms. Nathan Feldman brought suit on behalf of himself and his two children, alleging discrimination and a violation of the First Amendment stemming…
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Federal judge dismisses malicious prosecution suit against Colorado Springs officers
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A federal judge has dismissed a woman’s lawsuit against two Colorado Springs police officers who arrested her instead of looking into her report that she was the victim of domestic violence. U.S. District Court Judge Charlotte N. Sweeney found it problematic if the officers did not follow up on Rebecca Varney’s claim of being assaulted…
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10th Circuit reinstates dress code discrimination lawsuit against Colorado Springs charter school
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The federal appeals court based in Denver agreed on Tuesday that a boy could pursue his claims of sex-based discrimination against a Colorado Springs charter school after he was disciplined for wearing earrings under a boys-only prohibition on the accessory. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined a…
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10th Circuit reinstates dress code discrimination lawsuit against Colorado Springs charter school
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The federal appeals court based in Denver agreed on Tuesday that a boy could pursue his claims of sex-based discrimination against a Colorado Springs charter school after he was disciplined for wearing earrings under a boys-only prohibition on the accessory. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined a…