judge joel carson
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10th Circuit revives wage violation lawsuit against Papa John’s operator
The Denver-based federal appeals court on Tuesday reinstated a former Papa John’s delivery driver’s lawsuit alleging violations of federal and state wage law. Steve Mighell worked for one month at a Denver Papa John’s location in summer 2023. He alleged that, accounting for his unreimbursed vehicle expenses, his employer paid him less than the federal…
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10th Circuit partially revives lawsuit over 2020 Denver protest injuries
The Colorado-based federal appeals court revived a man’s claims against Denver on Friday after concluding a trial judge resolved the case in the city’s favor without analyzing two of the three instances of alleged excessive force and other constitutional violations. For the past six years, plaintiffs have litigated several lawsuits arising from the demonstrations that…
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Denver detox center did not violate man’s rights with 10-hour hold, 10th Circuit says
The Colorado-based federal appeals court concluded on Tuesday that Denver’s detoxification facility did not violate a man’s rights by holding him against his will for 10 hours until his blood alcohol content was projected to reach zero. Unusually, Brian Garrett’s lawsuit against Denver CARES unfolded as a federal jury concluded the organization violated the constitutional…
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10th Circuit agrees Colorado satisfied jury award after intercepting money for restitution
The Denver-based federal appeals court agreed last week that Colorado satisfied its obligations by not paying a man directly for violating his rights, but rather crediting the jury’s multimillion-dollar award toward the crime victim restitution he still owed in his criminal case. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit…
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10th Circuit reverses perjury conviction, warns prosecutors to watch their questioning
The Denver-based federal appeals court reversed a defendant’s perjury conviction last week, warning prosecutors that it is better to follow up on imprecise or unclear answers than to criminally charge a witness for their response. A jury convicted Lori Milliron on two counts of perjury, obstruction of justice, and being an accessory after the fact…
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10th Circuit analyzes sentencing process for probation violators in rare all-judges’ hearing
All 12 full-time judges on the Denver-based federal appeals court gathered for a rare oral argument on Monday to consider whether one of the court’s precedent-setting opinions created a process for sentencing probation violators that is out of step with what Congress intended. Although the judges of the U.S. Court of Appeals for the 10th…
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Aurora not liable for suspended officer’s attack on woman, federal court rules
The Denver-based federal appeals court decided on Monday that the city of Aurora cannot be held liable for an officer’s attack on a woman while he was serving a suspension for shooting a different person. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun used force against Martinez at her apartment…
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10th Circuit orders second look at challenge to Colorado ‘ghost gun’ law
The Denver-based federal appeals court issued a mixed decision on Thursday, finding that a group of plaintiffs could not challenge certain aspects of Colorado’s “ghost gun” prohibition, could challenge others, and ordered further analysis of the law’s constitutionality. To address the proliferation of guns privately assembled from kits or 3-D printers, the General Assembly enacted Senate Bill 279 three…
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10th Circuit dismisses challenge to Colorado legislature’s decorum rules
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…
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10th Circuit distances itself from prior decision making it easier to toss prisoner lawsuits
The Denver-based federal appeals court distanced itself March 4 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…