judge charlotte sweeney
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10th Circuit rejects defendant’s theory for re-sentencing probation violators
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The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
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The Denver-based federal appeals court ruled on Monday that the law allowing attorneys to recover their costs for prevailing against the government does apply to successful legal challenges to immigration detention. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged a decision to the contrary would deter legal representation for…
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10th Circuit revives retaliation claim against Jeffco sanitation district
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The Denver-based federal appeals court on Monday reinstated an attorney’s retaliation claim against her former employer, a special district based in Lakewood, alleging she was fired for statements she made about board members’ malfeasance. Courts have recognized that public employees’ First Amendment rights are more limited, owing to the need for the government to control…
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Federal judge advances defamation lawsuit from woman called ‘prostitute’ at party
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A federal judge on Wednesday declined to dismiss a defamation lawsuit stemming from a 2024 party at which the defendant allegedly called the plaintiff a “prostitute.” Tiffany Mai alleged that during a July 2024 dance at a luxury dude ranch in Granby, attendee Laura Elsaden approached other guests and “began making defamatory, slanderous, and false…
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Judge orders noncitizen released from immigration detention, finds government misapplied law
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A federal judge concluded the government was likely wrong to detain a noncitizen without the chance for a release hearing, and ordered him to be let out of immigration custody on Friday. At the same time, U.S. District Court Judge Regina M. Rodriguez declined to green-light Nestor Esai Mendoza Gutierrez’s request to turn his lawsuit…
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A brief overview of Chiles v. Salazar, Colorado’s ‘conversion therapy’ ban at SCOTUS
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On Tuesday, the U.S. Supreme Court will hear oral arguments in Chiles v. Salazar, a case that challenges Colorado’s prohibition on licensed health professionals providing “conversion therapy” to LGBTQ children. Here are the basic points to know: What is conversion therapy? As defined in a 2019 Colorado law, it’s a practice or treatment by a…
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‘That’s wrong’: Federal judge finds government unlawfully denied bond hearing to detained noncitizen
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A federal judge concluded on Tuesday that the government had wrongly believed it could detain a noncitizen without holding a bond hearing, thereby violating his right to due process. U.S. District Court Judge Charlotte N. Sweeney reached that determination in the case of Javier Andres Garcia Cortes at the same time a proposed class action…
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10th Circuit considers whether parents can pursue relief from Colorado ‘chosen name’ law, policies
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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, by 2-1, rebuffs industry challenge to Vail’s prohibition on delivery vehicles
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The Denver-based federal appeals court concluded on Friday that Vail’s 2023 prohibition on delivery vehicles in pedestrian areas had a sufficient connection to safety and, therefore, a trial judge was wrong to block the town from enforcing its ordinance. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit considered whether an…
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Federal judge permits excessive force claim to proceed against prison employees
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A federal judge on Wednesday agreed two state prison employees could be sued for allegedly using excessive force against an incarcerated man. Jared Lee Chavez, representing himself, alleged “Sgt. Smith” and “Sgt. Grilli” violently pulled Chavez from his cell at Sterling Correctional Facility in February 2022. Chavez allegedly complied with orders, but the defendants slammed…