judge daniel domenico
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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…
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Trump presidency raises possibility of 10th Circuit vacancy, with eyes on Domenico
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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 underscores high standard for constitutional claims against doctors
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The federal appeals court based in Denver agreed last week that a doctor did not violate the constitutional rights of an incarcerated man who later died, while rebuffing a perceived attempt to “redefine the standard” for holding medical providers liable. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit underscored that…
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Colorado Supreme Court says injured motorists can seek both workers’ comp, insurance benefits
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The Colorado Supreme Court underscored on Monday that employees who are injured on the job in a vehicle accident by a third party are able to pursue workers’ compensation in addition to insurance benefits. Confusion arose among judges about whether an employee’s receipt of workers’ comp benefits foreclosed any lawsuit they could bring against their…
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Colorado’s federal judges slash motions backlog, with a little outside help
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Data released last month by the federal judiciary showed that several of Colorado’s federal trial judges successfully reduced or even eliminated the volume of motions pending for six months or longer on their dockets. The Civil Justice Reform Act of 1990 requires public reporting of motions awaiting action for more than six months in civil matters assigned to…
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2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post
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Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses. At the same time, the panel of three judges for the U.S.…
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Federal judge hears religious exercise case of Castle Rock church, with SCOTUS looming in background
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In a case that appears designed to catch the attention of the U.S. Supreme Court’s conservative majority, a federal judge heard arguments on Monday about whether a Castle Rock church’s religious belief that it should house the homeless is enough to let the congregation bypass the town’s zoning restrictions and continue operating temporary shelters in…
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10th Circuit, by 2-1, widens ability for governments to be held liable for policymakers’ misconduct
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The federal appeals court based in Denver concluded on Friday that Sedgwick County could itself be held liable for its former sheriff’s sexual assault of a detainee, rejecting the argument that a government policymaker’s personal decision to violate someone’s rights should fall on them alone. Plaintiffs may attempt to hold government entities liable for injuries…
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Federal judge green-lights 2020 protesters’ lawsuit against Denver
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A federal judge on Tuesday agreed another lawsuit about the Denver police’s forceful response to 2020 demonstrations should face a jury trial over whether the city’s own policies led to violations of protesters’ constitutional rights. In the years since a Minneapolis police officer killed George Floyd in May 2020, sparking international demonstrations, plaintiffs injured in the Denver…
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Federal judge blocks Colorado’s new cap on interest rates for out-of-state banks
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A federal judge on Tuesday concluded Colorado may not subject out-of-state banks to Colorado’s interest rate caps when they lend to Colorado residents, as envisioned under a new consumer protection law set to take effect on July 1. U.S. District Court Judge Daniel D. Domenico issued a preliminary injunction applying to members of three banking…