first amendment
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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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Federal judge rejects Jeffrey Epstein-linked businessman’s request to shield case from public
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A federal judge on Monday refused a litigant’s request to completely shield his civil case from public view, noting in a strongly worded order that the man had chosen to bring his otherwise private arbitration dispute into the federal court system. “Federal judges and their court staff are not legal pawns to be deployed in…
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Federal judge sends claims of 13 plaintiffs to trial over police response to 2020 demonstrations
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A federal judge last week agreed 13 people injured in the police response to 2020 demonstrations in Denver will have their claims of constitutional violations decided by jury trial. Numerous judges in the past five years have found Denver or its officers may be held liable for excessive force or First Amendment violations in a series…
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Colorado justices confirm SCOTUS stalking ruling limited to speech
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The Colorado Supreme Court confirmed on Monday that a 2023 ruling from the nation’s highest court imposing a higher burden on stalking prosecutions does not apply to cases where the alleged stalker’s conduct, not the words he uses, is the problem. The U.S. Supreme Court handed down its ruling in Counterman v. Colorado two years ago, in…
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Federal judge IDs flaw with Tina Peters’ request for release
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A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal. Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a…
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10th Circuit clears path for Elizabeth School District to return restricted books to shelves as ordered
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The Denver-based federal appeals court declined on Monday to put a trial judge’s order on hold, instead clearing the path for Elizabeth School District to return 19 restricted books to its library shelves as directed earlier this month. In March, U.S. District Court Judge Charlotte N. Sweeney found the elected school board had likely violated…
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Colorado Supreme Court dings El Paso County DA’s office for filing appeal in wrong court
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El Paso County prosecutors incorrectly filed an appeal with the Colorado Supreme Court, the justices ruled on Monday, explaining that a trial judge did not, in fact, declare a law unconstitutional and enable the state’s highest court to hear the case directly. Under state law and the procedural rules, district attorneys have a duty to…
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Federal judge to Elizabeth School District: Put banned books back by weekend
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A federal judge on Thursday refused to put her prior ruling on hold while an appeal plays out, and instead ordered Elizabeth School District to return 19 restricted books to library shelves by Saturday. U.S. District Court Judge Charlotte N. Sweeney rejected the Elbert County district’s claims that her original order was unfair, “breathtakingly broad”…
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Federal judge lets prisoner’s claim proceed over strip search video shared with others
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A federal judge agreed last week that an incarcerated man’s claims could proceed against two state corrections employees, alleging they retaliated against him for complaining about recorded strip searches and also showed the video of one search to inmates and staff. Representing himself, Ryan James Griffin filed suit based on multiple strip searches he underwent…
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Judge sides with Florissant fire district in ex-chief’s First Amendment lawsuit
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A federal judge ruled on Friday that the former chief of the Florissant Fire Protection District could not prevail on the claim that his 2023 firing was retaliation for his First Amendment-protected activity. Erik Holt alleged the Teller County district’s directors terminated him because he cooperated with an investigation into potential election fraud during the…