judge daniel domenico
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10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
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The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…
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Divided 10th Circuit orders pretrial release of defendant facing drug charges
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The Denver-based federal appeals court overturned a judge’s order keeping a defendant in custody pending trial on Friday, ruling 2-1 that she was entitled to release under the law. Erika Esmeralda Garcia stands accused of two charges related to the possession and distribution of fentanyl, plus a charge for conspiracy to commit money laundering. Previously,…
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Divided 10th Circuit lets Colorado enforce interest rate cap on out-of-state banks
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The Denver-based federal appeals court ruled on Monday that Colorado may use a decades-old provision of federal law to require out-of-state banks to abide by Colorado’s maximum interest rates when they lend to in-state residents. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit overturned a trial judge’s injunction blocking Colorado…
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10th Circuit confirms Colorado can be sued over EpiPen pricing law
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The Denver-based federal appeals court confirmed on Friday that Colorado may be sued for an allegedly unconstitutional 2023 law aimed at capping the price of EpiPens for certain consumers. House Bill 1002 sought to counter the rising prices of epinephrine auto-injectors, which can save the lives of people undergoing a severe allergic reaction. During the 2023 legislative session, lawmakers…
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Colorado’s federal judges recused 200+ times in 4 years for variety of reasons
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Colorado’s federal judges issued orders recusing themselves from cases at least 203 times in four years, with reasons ranging from unspecified appearances of partiality to potential conflicts created by their prior employment and family connections. One judge also noted in recusing himself that if he ruled against an attorney who was his personal friend, “it…
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Federal judge partially sides with Catholic health clinic on Colorado’s ‘abortion reversal’ ban
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A federal judge on Friday permanently blocked Colorado from enforcing against a Catholic health clinic the portion of a 2023 law that prevents medical professionals from offering “abortion reversal” treatment to pregnant patients. Bella Health and Wellness initially succeeded in obtaining an injunction against Senate Bill 190, arguing its providers were compelled by their faith to…
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10th Circuit finds judge erred in imposing sex offender treatment for man’s bank robbery conviction
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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 reinstates Colorado woman’s discrimination lawsuit based on SCOTUS ruling
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The Denver-based federal appeals court revived a Westminster woman’s lawsuit against her former employer on Monday, noting a recent U.S. Supreme Court decision lowered the hurdle for proving employment discrimination. Bethany Scheer sued under the Americans with Disabilities Act and the related Rehabilitation Act, alleging her employer perceived her as disabled, mandated that she attend…
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Federal judge ‘troubled’ by unknown location ICE intended to transfer detained man
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A federal judge stated on Monday he was “troubled” by allegations that U.S. Immigration and Customs Enforcement was planning to transfer a man in custody outside of Colorado to an unknown location. Two years ago, Dennis Arostegui-Maldonado won a favorable ruling in his immigration case from the Denver-based federal appeals court. Subsequently, he received an order…
