judge joel carson
-
10th Circuit dismisses challenge to Colorado legislature’s decorum rules
—
by
The Denver-based federal appeals court concluded on Tuesday that Colorado lawmakers cannot be sued for creating and enforcing rules of decorum that circumscribe the public commentary allowed at legislative committee hearings. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that the concept of legislative immunity extends to the establishment…
-
10th Circuit distances itself from prior decision making it easier to toss prisoner lawsuits
—
by
The Denver-based federal appeals court distanced itself on Wednesday from its own recent decision that made it easier for prison officials to end civil lawsuits by transferring incarcerated plaintiffs between facilities. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that Gov. Jared Polis could be sued over state prison…
-
10th Circuit weighs courts’ authority to block Colorado legislative decorum rules
—
by
The Denver-based federal appeals court questioned on Wednesday whether the rules of decorum governing public comments at Colorado legislative committee hearings are beyond the reach of the judiciary, thanks to the concept of legislative immunity. During oral arguments to the U.S. Court of Appeals for the 10th Circuit, the judges explored the hypothetical restrictions lawmakers…
-
10th Circuit rules Denver deputy will face trial for punching man in wheelchair
—
by
The Colorado-based federal appeals court agreed on Friday that a Denver sheriff’s deputy will face a civil jury trial for using “arbitrary and punitive force” against a restrained man who spat on him. Video footage from 2019 captured Deputy Jason Gentempo punching and shoving Serafin Finn, who was in a wheelchair, to the ground after Finn…
-
10th Circuit rejects claim that judge pressured defense attorney
—
by
The Denver-based federal appeals court concluded last week that a trial judge’s comments urging a criminal defense lawyer to be more cooperative in the presentation of evidence did not negatively affect the defendant’s right to a fair trial. Prior to trial, lawyers for both sides may agree which pieces of evidence are authentic — meaning they…
-
10th Circuit says judge misinterpreted meaning of ‘sudden’ in Denver property damage case
—
by
The Denver-based federal appeals court ruled on Thursday that a trial judge incorrectly interpreted the meaning of “sudden” when he concluded an insurance company need not pay for damage to a home allegedly caused by prolonged construction work nearby. Experts hired by Allstate and homeowner Michael Catalano Jr. disagreed whether the damage to Catalano’s Denver…
-
Federal judge once again dismisses lawsuit of prison employee offended by DEI training
—
by
A federal judge dismissed a second lawsuit on Monday brought by a former Colorado Department of Corrections employee who was offended by an equity training module and alleged it created a hostile work environment. In 2023, U.S. District Court Judge Nina Y. Wang dismissed Joshua F. Young’s first lawsuit on the grounds that he failed…
-
10th Circuit mulls whether to block Colorado’s ‘ghost gun’ law
—
by
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,…
-
10th Circuit grants immunity to Elbert County sergeant for shooting unarmed man
—
by
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…
-
10th Circuit directs judge to redo ruling in case of gas station clerk fired for confronting knife-wielding robber
—
by
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…
