judge gordon gallagher
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10th Circuit rejects assortment of legal theories challenging workplace vaccine mandates
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The Denver-based federal appeals court rejected an array of legal theories on Tuesday that challenged employers’ ability to impose COVID-19 vaccination requirements under the U.S. Constitution, laws governing emergency drug authorizations and the rules for human experimentation. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit followed in the footsteps of…
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Federal judge to government: Shutdown not an excuse for delaying noncitizen’s challenge to detention
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A federal judge rejected the government’s request last week to extend the deadlines in an immigration-related case due to the lapse in congressional funding, reminding the U.S. Department of Justice that constitutional rights are at stake. “The Government is constitutionally obligated to provide due process to Petitioner,” wrote U.S. District Court Judge Gordon P. Gallagher…
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Federal judge directs government to respond to allegation it violated restraining order
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A federal judge on Monday directed the federal government to respond to a claim that it moved a man in immigration detention outside out Colorado, despite a temporary restraining order forbidding such a transfer. Because of the federal rules governing immigration cases, the vast majority of Hossein Batooie’s three-week-old proceedings is shielded from public view. However, his…
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Q&A with Judge Gordon Gallagher | Colorado’s first federal district judge stationed on Western Slope
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Gordon P. Gallagher first joined Colorado’s federal trial court in 2012 as a part-time magistrate judge stationed in Grand Junction. In March 2023, the U.S. Senate confirmed him to a lifetime appointment as a district judge — one of five Biden administration appointees to the state’s U.S. District Court. Gallagher became the first district judge in…
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10th Circuit mulls whether to block Colorado’s ‘ghost gun’ law
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Members of the Denver-based federal appeals court last week probed the details of a 2023 Colorado law prohibiting the possession and purchase of certain firearm components not imprinted with a serial number — deemed “ghost guns” — that a trial judge declined to block last year. To address the proliferation of guns privately assembled from kits or 3-D printers,…
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10th Circuit grants immunity to Elbert County sergeant for shooting unarmed man
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The federal appeals court based in Denver ruled on Thursday that an Elbert County sheriff’s employee cannot be held liable for shooting an unarmed man who startled him. Joel Hernandez sued Sgt. Mike Skalisky for excessive force for shooting him at the Kiowa Industrial Park in March 2021. In response, Skalisky invoked qualified immunity, which…
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10th Circuit grants immunity to Grand Junction, Mesa County officers who fatally shot man 16 times
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The federal appeals court based in Denver ruled last week that Grand Junction and Mesa County law enforcement officers could not be held liable for shooting and killing an allegedly mentally ill man in his driveway. The widow of Steve Alire sued multiple officers, plus the city and county themselves, for excessive force. The defendants…
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Federal judge allows lawsuit to proceed against medical staff in Pueblo County jail
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A federal judge on Monday dismissed claims that medical staff at the Pueblo County jail were deliberately indifferent to a detainee’s risk of suicide in the days before he died, but allowed other claims relating to the man’s physical pain to proceed. Jay Philip Pritchard entered the jail on Oct. 29, 2021, allegedly alerting multiple…
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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.…
