judge allison eid
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Trump presidency raises possibility of 10th Circuit vacancy, with eyes on Domenico
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With President-elect Donald Trump taking office in January and a Republican majority in the U.S. Senate, the federal appeals court in Denver could soon see a vacancy arise for one of its Colorado-based seats. Judge Timothy M. Tymkovich has sat on the U.S. Court of Appeals for the 10th Circuit for more than 20 years.…
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10th Circuit reinstates malicious prosecution claim against ex-Denver DA employee
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For the second time in four years, the federal appeals court based in Colorado has reinstated a claim of malicious prosecution against a former employee of the Denver District Attorney’s Office whose allegedly false testimony caused the plaintiffs to be wrongfully arrested. Victoria Carbajal and Luis Leal first filed suit more than a decade ago,…
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10th Circuit agrees Aurora officer unconstitutionally detained man
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The federal appeals court based in Denver agreed last week that an Aurora officer unreasonably detained a Black man who looked nothing like what a 911 caller reported, resulting in a constitutional violation that required evidence of a firearm offense to be thrown out. Officer William Idler approached Lyndell Daniels in the parking lot of…
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‘Hostile and discriminatory’: 10th Circuit slams CU for treatment of religious vaccine exemptions
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In a fiery opinion on Tuesday, the federal appeals court based in Denver tore into a pair of COVID-19 vaccination policies the University of Colorado imposed on medical staff in late 2021, concluding they discriminated against certain religions and affected plaintiffs were consequently entitled to exemptions. By 2-1, the all-Republican panel of the U.S. Court…
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10th Circuit removes obstacle to long-planned resort project in Rio Grande National Forest
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The federal appeals court based in Denver cleared a key obstacle on Friday to the construction of a resort village in the Rio Grande National Forest that has been planned for nearly four decades but has run into a steady stream of legal and logistical hurdles. Conservation groups have repeatedly challenged the proposed Village at…
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10th Circuit removes obstacle to long-planned resort project in Rio Grande National Forest
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The federal appeals court based in Denver cleared a key obstacle on Friday to the construction of a resort village in the Rio Grande National Forest that has been planned for nearly four decades but has run into a steady stream of legal and logistical hurdles. Conservation groups have repeatedly challenged the proposed Village at…
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10th Circuit says couple convicted in marijuana grow operation cannot skirt mandatory minimum sentence
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A husband and wife who were convicted of a large-scale marijuana grow operation at their Thornton home cannot take advantage of the legal provision that exempts some drug offenders from mandatory minimum sentences, the federal appeals court based in Denver ruled last month. Huosheng Xian and Youlian Zhong, who arrived in the U.S. from China in…
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10th Circuit underscores limited path federal prisoners face in suing government
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The federal appeals court based in Denver underscored last month that incarcerated plaintiffs have essentially no path to suing federal officials for money for violating their constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit explained that the U.S. Supreme Court’s precedent, as well as its own, meant prisoners…
