judge daniel domenico
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Federal judge dismisses lawsuit over detainee’s suicide in La Junta
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A federal judge agreed last week that various law enforcement and medical defendants had not violated the rights of a suicidal man who died unattended in a holding cell of the La Junta Police Department. The surviving son and daughter of Glyn Hart filed suit over their father’s 2021 death. They advanced claims under federal…
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10th Circuit sides with Golden officers in constitutional lawsuit over arrest, cell phone search
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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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Judge handling Denver schools’ challenge to ICE policy changes course, sets hearing
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The federal judge overseeing Denver Public Schools’ challenge to the Trump administration’s new policy for immigration enforcement announced on Monday that he will hold a hearing on the district’s request for a restraining order — a seeming about-face from his position just one week ago. The DPS lawsuit against U.S. Secretary of Homeland Security Kristi Noem seeks…
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Federal judge exempts Christian preschool from state non-discrimination requirements
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A federal judge ruled on Monday that the state must continue funding a Christian preschool in Chaffee County even though the academy’s policies may violate the non-discrimination requirements of Colorado’s universal pre-kindergarten program. U.S. District Court Judge Daniel D. Domenico granted what he deemed a “narrow” permanent injunction in favor of Darren Patterson Christian Academy and…
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Man in the middle: DPS lawsuit against Trump policy assigned to judge with higher aspirations
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After Denver Public Schools sued the Trump administration on Wednesday seeking to overturn a new policy giving immigration authorities greater latitude to operate in schools, the case was assigned to the lone, first-term appointee of President Donald Trump on Colorado’s federal trial court. U.S. District Court Judge Daniel D. Domenico has routinely handled challenges to governmental actions during his…
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Federal judges’ backlog holds steady on Colorado’s district court
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As of Sept. 30, Colorado’s federal trial judges collectively had 73 motions in civil cases that had been sitting on their dockets for at least six months without a ruling. The Civil Justice Reform Act of 1990 requires public reporting of motions awaiting action in civil matters assigned to each district judge and magistrate judge. Twice a year,…
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Federal judge ponders blocking rideshare transparency law amid Uber’s constitutional challenge
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A federal judge on Friday weighed whether to temporarily block Colorado from enforcing a law set to take effect in one week requiring rideshare companies to disclose certain information to riders and drivers about the amount of money drivers earned prior to any tip. Last year, the legislature enacted Senate Bill 75 to place new…
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10th Circuit judge speaks about annual ski retreats with clerks, ‘swag’ from 20th anniversary
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Judge Timothy M. Tymkovich, a member of the federal appeals court based in Denver, spoke last month about his 20-year tradition of taking ski trips with his clerks — some of whom have since become judges themselves — and about the ski-themed gifts they created for him in that time. “We had, I think, something like 60 or…
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10th Circuit underscores most lawsuits against federal officials are ‘dead’
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The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people’s constitutional rights are “all but dead” — thanks to the U.S. Supreme Court’s recent decisions. Lawsuits seeking money damages against federal employees for constitutional violations are known as a “Bivens remedy,” stemming from a 1971 Supreme Court…
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Federal judge rejects Jeffco sheriff’s attempt to immediately appeal ruling on detainee’s death
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A federal judge has refused to endorse the Jefferson County sheriff’s request to immediately appeal a claim brought against her for a detainee’s death, allegedly caused by the constitutional violations of the jail’s private medical provider. Earlier this year, U.S. District Court Judge Charlotte N. Sweeney permitted a lawsuit to proceed against contractor Wellpath. She…