judge gordon gallagher
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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.…
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The ‘first third’: Kato Crews ceremonially sworn in as federal judge
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President Joe Biden’s first four appointments to Colorado’s federal trial court were “firsts” of one kind or another. But S. Kato Crews, Biden’s latest appointee to the U.S. District Court, said on Friday that he proudly thinks of himself as the “first third” — the third consecutive magistrate judge elevated to a lifetime appointment and the third…
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‘Opportunity to level the playing field’: Federal judges deliver pro bono pitch to lawyers
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Two years ago, U.S. Magistrate Judge Kristen L. Mix faced a disturbing set of allegations from a prisoner in federal court. The man, incarcerated at the Colorado State Penitentiary, alleged he was a prosecution witness in the trial of another inmate who committed murder. He asked to be housed in protective custody, but instead the…
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The Bennet-Hickenlooper Court: How 2 senators left their mark on Colorado’s federal bench | COVER STORY
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One month before President-elect Joe Biden’s inauguration, Dana Remus, the incoming White House counsel, sent a letter to senators outlining the new administration’s philosophy for filling certain presidentially appointed roles, including federal trial judgeships. “With respect to U.S. District Court positions,” she wrote, “we are particularly focused on nominating individuals whose legal experiences have been…
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Federal judge declines to block Colorado’s ‘ghost gun’ prohibition
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A federal judge on Thursday rejected a request from gun rights advocates to block a recent Colorado law prohibiting the possession and transport of certain firearm components not imprinted with a serial number — known as “ghost guns.” To address the proliferation of guns privately assembled from kits or 3-D printers, the General Assembly enacted Senate Bill 279…
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Feds ask judge to install property manager to address Gunnison landlords’ non-compliance
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The federal government has asked a judge to appoint an independent property manager to bring a trio of Gunnison landlords into compliance with a non-discrimination consent decree they have largely ignored for over four years. On Tuesday, U.S. District Court Judge Gordon P. Gallagher called the motion “relatively straightforward” and set a deadline of two…