jerome holmes
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10th Circuit says Cherry Creek schools did not fail obligations to special ed student
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The federal appeals court based in Denver has found Cherry Creek School District did not breach its legal obligation to provide special education services to a mentally-troubled teenager, despite waiting until the student threatened to “shoot up” his school before concluding he had a serious emotional disability. The Individuals with Disabilities Education Act (IDEA) ensures children…
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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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Colorado’s Tymkovich steps down as 10th Circuit chief judge, Oklahoma’s Holmes steps in
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Judge Jerome A. Holmes of Oklahoma will be the new chef judge of the federal appeals court based in Denver effective Oct. 1, succeeding Colorado’s Timothy M. Tymkovich. The U.S. Court of Appeals for the 10th Circuit hears appeals in federal cases arising from Colorado, Oklahoma, Utah, Kansas, New Mexico and Wyoming. Tymkovich, a 2003…
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10th Circuit weighs whether CU medical school’s vaccine mandate burdens free exercise of religion
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Although a trial judge believed the University of Colorado was not obligated to accommodate more than a dozen medical students and staff whose religious beliefs opposed vaccination for COVID-19, the federal appeals court based in Denver appeared less supportive of the school on Wednesday. A three-judge panel of the U.S. Court of Appeals for the…
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10th Circuit says Fort Collins postal worker may not sue union for false information
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Even though a Fort Collins letter carrier was unable to sue the U.S. Postal Service for discrimination in time because of false information union leaders allegedly provided her, the federal appeals court based in Denver agreed Lynda Hickey is now barred from suing the union itself for its misrepresentations. It was unclear why officers of…
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10th Circuit splits 2-1 on whether to order review of man’s torture claim
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Even though the federal appeals court based in Denver acknowledged an immigration judge in Colorado made a mistake when finding a Mexican citizen could avoid torture simply by moving elsewhere, it declined to overturn a deportation order by a 2-1 decision on Monday. Carlos E. Lockwood Alvarez asked the U.S. Court of Appeals for the…
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10th Circuit partially turns aside special education appeal of Colorado Springs student
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For the third time in three years, the federal appeals court based in Denver has turned away a legal challenge to a Colorado Springs school district’s provision of special education services, finding the case was based on a version of the student’s educational plan that was no longer in effect. However, a three-judge panel of…
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‘At last – finally’: Civil liberties advocates celebrate recognition of right-to-record
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Civil liberties advocates are celebrating the Denver-based federal appeals court’s decision this week to recognize the First Amendment protects the right to publicly record law enforcement officers, even while scratching their heads at some of the reasoning the court employed to reach its conclusion. “All right, at last. Finally,” said Mark Silverstein, legal director of…
