judge carolyn mchugh
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10th Circuit tosses Pueblo County sheriff defendants’ appeal in fatal shooting lawsuit
The Denver-based federal appeals court rejected an attempt from Pueblo County sheriff’s employees on Wednesday to rely on their own version of the facts to escape liability for fatally shooting an unarmed man outside a middle school. A trial judge ruled last year that the defendants were not entitled to qualified immunity, a judicially created…
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Aurora not liable for suspended officer’s attack on woman, federal court rules
The Denver-based federal appeals court decided on Monday that the city of Aurora cannot be held liable for an officer’s attack on a woman while he was serving a suspension for shooting a different person. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun used force against Martinez at her apartment…
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10th Circuit rules State Farm not required to pay benefits in I‑25 swerving crash
The Denver-based federal appeals court concluded last week that two vehicle occupants who were injured while swerving to avoid a man in the middle of Interstate 25 are not entitled to insurance benefits. Plaintiffs Stephanie Mazur and Julia Wunder were in a vehicle insured by State Farm at the time of their wreck. The insurance…
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10th Circuit upholds regulator’s methodology for Tri-State exit fees
The Denver-based federal appeals court upheld a regulatory agency’s methodology for calculating the fee owed by entities seeking to withdraw from Tri-State Generation and Transmission Association last week. Tri-State is a Westminster-based cooperative that provides and transmits electricity to member utilities throughout neighboring states and to other customers. Tri-State enters into long-term service contracts in…
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10th Circuit considers whether parents can pursue relief from Colorado ‘chosen name’ law, policies
Some members of the Denver-based federal appeals court on Tuesday appeared skeptical of an attempt by two parents to block a Colorado law requiring public schools to use a student’s chosen name, as well as their school district’s corresponding policy intended to support LGBTQ students. At the same time, one judge’s questioning seemed sympathetic to…
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10th Circuit finds judge erred in imposing sex offender treatment for man’s bank robbery conviction
The Denver-based federal appeals court concluded on Friday that a judge imposed sex offender treatment for a defendant’s attempted bank robbery conviction in violation of federal sentencing rules. James Robert Clark is serving 78 months in prison for an attempted December 2023 bank robbery in Commerce City. He will also serve two years of supervised…
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10th Circuit says parents failed to show school policies on gender identity violated their rights
Two sets of parents failed to show how a Larimer County school district’s policies, which addressed how staff should treat students’ gender identities, were responsible for their “strained” family relationship, the Denver-based federal appeals court ruled on Tuesday. At the same time, one judge suggested a policy enabling staff to keep parents “in the dark” about…
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10th Circuit: Sheriff’s deputies have no immunity for letting dog attack Highlands Ranch man
‘What are you talking about?’ Judge Gregory Phillips asked the deputies’ lawyer after hearing argument that it may have been reasonable if the dog had bitten a child
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10th Circuit sides with Golden officers in constitutional lawsuit over arrest, cell phone search
Members of the Golden Police Department did not violate a man’s clearly established rights when they arrested him on suspicion of retaliating against a witness and used a defective warrant to search his phone, the federal appeals court based in Denver ruled last week. Wayne Dean Wieber was involved in a long-running neighborhood dispute, to…
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10th Circuit judges speak about AI, mechanics of oral argument
Three members of the Denver-based federal appeals court spoke to lawyers on Monday about key considerations when arguing their cases, as well as the potential role artificial intelligence will play in judging. “Broadly speaking, we don’t have really a choice at this point as to whether or not technology’s gonna evolve towards greater use of…