judge gregory phillips
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10th Circuit opens door for class-action challenge to Colorado’s unclaimed property program
The Denver-based federal appeals court reinstated constitutional rights claims on Friday against Colorado’s treasurer, potentially opening the door to a class-action lawsuit over how the state has set up its process for reuniting people with their unclaimed property. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit ruled that two plaintiffs…
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10th Circuit: Sheriff’s deputies have no immunity for letting dog attack Highlands Ranch man
‘What are you talking about?’ Judge Gregory Phillips asked the deputies’ lawyer after hearing argument that it may have been reasonable if the dog had bitten a child
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10th Circuit dismisses man’s lawsuit against Arvada detective, accuser for rape accusation
The Denver-based federal appeals court agreed last week that a man had not credibly alleged he was prosecuted for rape without probable cause because, in part, he apologized for raping the alleged victim on a recorded phone call. Gary Weidner III sued Detective Kristin Ames and his former romantic partner, identified as “Jane Doe,” after…
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10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…
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10th Circuit grants immunity to Elbert County sergeant for shooting unarmed man
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 directs judge to redo ruling in case of gas station clerk fired for confronting knife-wielding robber
The federal appeals court based in Denver told a trial judge on Tuesday to reconsider her ruling that Circle K lawfully fired a 72-year-old convenience store cashier who attempted to stop a knife-wielding robber from stealing cigarettes. Mary Ann Moreno, a 16-year employee of the company, was behind the register at a Westminster Circle K…
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4 federal judges in Colorado advocate for Congress to create new judgeships
Four federal judges from Colorado were among the hundreds of signatories this month to a letter urging Congress to pass legislation creating 66 new judgeships in trial courts across multiple presidential administrations — starting next year with President-elect Donald Trump. This summer, the U.S. Senate unanimously passed the JUDGES Act, which would increase the size of…
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How a Harris or Trump presidency might shape Colorado’s federal courts
In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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Despite trial error, 10th Circuit upholds Mesa County man’s child sex convictions
Although a trial judge wrongly permitted jurors to see a 9-year-old video of a child victim’s accusations, the federal appeals court based in Denver upheld the sex-related convictions of a Mesa County man last month. Michael Tracy McFadden was originally convicted in state court for sexually assaulting multiple children, including on trips out of state through his…
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10th Circuit, by 2-1, widens ability for governments to be held liable for policymakers’ misconduct
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…