judge daniel domenico
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Federal judge grants immunity to Westminster officer for shooting mentally ill man
A federal judge on Thursday concluded a Westminster police officer cannot be held liable for shooting and killing a man in an apparent mental health crisis. Birendra Thakuri’s mother filed suit against Officer Steven Bare and the city one year after her son’s death in August 2018, alleging Bare used excessive force or, alternatively, created…
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Federal judge open to financial penalties after Gunnison landlords continue defying orders
A federal judge on Wednesday appeared to accept that despite going out of his way to accommodate their participation, a trio of Gunnison landlords will continue to disobey his orders and ignore the housing non-discrimination agreement they voluntarily entered into with the government four years ago. At the same time, U.S. District Court Judge Gordon…
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Federal judge weighs immunity for Westminster officer who shot, killed man in mental crisis
A federal judge on Friday heard arguments over whether a Westminster police officer may be held liable for shooting and killing a 27-year-old man experiencing a mental health crisis after lesser forms of restraint did not defuse the encounter. Although Birendra Thakuri’s mother filed suit against Officer Steven Bare and the city one year after her…
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Gunnison landlords escape contempt, but federal judge remains concerned about non-discrimination compliance
Although a trio of Gunnison landlords recently avoided being held in contempt of court, a judge has registered new concerns about their ongoing failure to comply with a non-discrimination agreement they entered into with the federal government. On Jan. 17, the U.S. Department of Housing and Urban Development asked for a status conference with David…
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Data show persistent delays among handful of Colorado’s federal judges
Five members of Colorado’s federal trial court have experienced far higher delays in deciding motions than their colleagues, according to recent data released by the federal judiciary. The Civil Justice Reform Act of 1990 requires public reporting of motions pending longer than six months in civil cases assigned to each district judge and magistrate judge. For the reporting…
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10th Circuit finds no issue with pro-police robocall mysteriously played during criminal trial
The federal appeals court based in Denver declined last month to overturn a defendant’s drug conviction on account of a bizarre announcement that played over the speakers mid-trial warning about “criminals” who want to “defund the police.” A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also refused to order a…
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Federal judge begins trial on Catholic schools’ claims against Colorado preschool program
A federal judge heard arguments and testimony beginning on Tuesday over whether Colorado’s new universal pre-kindergarten program unconstitutionally forces a pair of Catholic preschools to violate their religious beliefs about sexual orientation and gender identity in order to participate as providers. In August, the Archdiocese of Denver and other plaintiffs brought suit against the state,…
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Federal judge dismisses challenge to ‘frustrating’ delays in sex offender treatment behind bars
A federal judge recently dismissed an incarcerated man’s challenge to his lack of sex offender treatment in the Colorado Department of Corrections, despite having no idea when he will have access to that mandatory component of his criminal sentence. U.S. District Court Senior Judge William J. Martínez determined David A. Wismer III did not sufficiently allege…
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Federal judge declines to block Colorado’s EpiPen affordability law, for now
A federal judge on Wednesday declined to block a new Colorado law set to take effect on Jan. 1 that regulates the affordability of EpiPens, but, in the process, requires manufacturers to reimburse or resupply pharmacies with the devices in certain circumstances. While U.S. District Court Judge Daniel D. Domenico turned down the request for…