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10th Circuit says judge erred in denying immunity to Denver officers who arrested man for recording
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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10th Circuit rules ex-Denver police chief entitled to immunity for 2020 protest injury
Denver’s former police chief cannot be held liable for a woman’s injury during a 2020 protest because his directives for officers to use force were “in the abstract and from a distance,” the Colorado-based federal appeals court ruled on Tuesday. The lawsuit from Suzy Dennis was one of several filed in federal court following the police…
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Chief justice, top appeals judges address Colorado legal community | APPELLATE UPDATE
Members of Colorado’s state and federal appellate courts addressed the legal community on Friday with the latest details about caseloads, internal changes and upcoming initiatives. Chief Justice Monica M. Márquez, who has occupied the state’s top judicial role for almost one year, described an “interesting trend” of the Colorado Supreme Court receiving slightly fewer petitions to…
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10th Circuit opens door for class-action challenge to Colorado’s unclaimed property program
The Denver-based federal appeals court reinstated constitutional rights claims on Friday against Colorado’s treasurer, potentially opening the door to a class-action lawsuit over how the state has set up its process for reuniting people with their unclaimed property. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled that two plaintiffs…
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10th Circuit rules Denver police acted constitutionally by taking bullet removed from man
Denver police did not violate the constitutional prohibition on unreasonable searches and seizures by obtaining a bullet, without a warrant, that was removed from a man’s leg and later used as evidence against him, the Colorado-based federal appeals court ruled on Tuesday. Law enforcement responded to an office building in the Cherry Creek neighborhood where…
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10th Circuit mulls whether to block Colorado’s ‘ghost gun’ law
Members of the Denver-based federal appeals court last week probed the details of a 2023 Colorado law prohibiting the possession and purchase of certain firearm components not imprinted with a serial number — deemed “ghost guns” — that a trial judge declined to block last year. To address the proliferation of guns privately assembled from kits or 3-D printers,…
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Colorado justice, law professor discuss uncharted territory for federal regulations in wake of SCOTUS precedent
Colorado attorneys heard on Tuesday that federal courts are in a “free-for-all” as they interpret recent U.S. Supreme Court precedent shifting power from executive agencies to judges to determine whether regulations are appropriate or not. “One of the dominant theories is that Congress delegates because it simply doesn’t have the time or the expertise to address…
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Trump presidency raises possibility of 10th Circuit vacancy, with eyes on Domenico
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
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,…