gregory phillips
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10th Circuit reinstates inmate’s lawsuit against prison staff for alleged assault
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The federal appeals court based in Denver has revived an inmate’s cruel and unusual punishment claim against two state prison personnel, finding Jabari J. Johnson had plausibly alleged the defendants exacerbated his existing injuries when they reportedly stomped on and slammed him. Johnson and the Colorado Department of Corrections had argued over whether the Prison…
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10th Circuit agrees Arapahoe deputy failed to show discrimination due to race, sex, origin
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According to Arapahoe County Sheriff’s Deputy Jeanette Rodriguez, her employer harassed and discriminated against her because of her race, sex and national origin by repeatedly sending her to remedial trainings at a rate far exceeding that of any other deputy. The sheriff’s office admitted it had treated Rodriguez differently by ordering her into further training,…
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10th Circuit strikes down portion of Colorado child welfare law, potentially imperiling other states
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Despite the warnings from officials that striking down a portion of Colorado’s child welfare law would imperil federal funding and trigger a domino effect across nearly all states, the federal appeals court based in Denver has deemed unconstitutional Colorado’s prohibition on disclosing certain information about child abuse investigations. A three-judge panel of the U.S. Court…
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10th Circuit rejects claim that judge sentenced man ‘in advance’
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A judge in Colorado did not improperly sentence a man “in advance” when he promised the type of consequence he would impose for a repeat offense and then followed through on that promise, the federal appeals court based in Denver ruled on Monday. Maitise Crews, who has a lengthy criminal history, is serving a 21-month…
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10th Circuit says Denver officials did not violate rights of wrongly-convicted man
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A man who spent nearly three decades behind bars before ultimately being acquitted of the charges may not sue the Denver prosecutors and law enforcement officials whose missteps contributed to his wrongful incarceration, the federal appeals court based in Colorado ruled on Tuesday. Clarence Moses-EL received a 48-year prison sentence for the 1987 assault and…