judge nancy moritz
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10th Circuit rules Greeley officer unconstitutionally detained man standing outside home
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The Denver-based federal appeals court concluded last week that a Greeley police officer lacked reasonable suspicion to detain a man who was standing outside the door of a residence and not engaging in any indicators of criminal activity. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that the U.S.…
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10th Circuit finds Denver officers unconstitutionally searched man
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The Colorado-based federal appeals court concluded last week that Denver officers lacked reasonable suspicion when they detained a group of people who happened to park on a public street near a vehicle used by a shooter 12 hours prior and several miles away. Prosecutors indicted one member of the group, Noah Huerta, for being a…
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10th Circuit clarifies when hardship to child can halt parent’s deportation
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The Denver-based federal appeals court clarified on Monday that immigration judges, when deciding whether to halt a person’s deportation because of hardship to their child, should consider whether the child meets the age threshold at the time of the decision, even if a significant delay means they are no longer a legal “child.” The U.S.…
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10th Circuit reinstates Colorado woman’s discrimination lawsuit based on SCOTUS ruling
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The Denver-based federal appeals court revived a Westminster woman’s lawsuit against her former employer on Monday, noting a recent U.S. Supreme Court decision lowered the hurdle for proving employment discrimination. Bethany Scheer sued under the Americans with Disabilities Act and the related Rehabilitation Act, alleging her employer perceived her as disabled, mandated that she attend…
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10th Circuit clears path for Elizabeth School District to return restricted books to shelves as ordered
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The Denver-based federal appeals court declined on Monday to put a trial judge’s order on hold, instead clearing the path for Elizabeth School District to return 19 restricted books to its library shelves as directed earlier this month. In March, U.S. District Court Judge Charlotte N. Sweeney found the elected school board had likely violated…
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10th Circuit declines to upend women’s volleyball tournament in lawsuit over trans player
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The federal appeals court based in Denver declined on Tuesday to order a Colorado Springs-based athletic organization to bar a transgender woman from participating on her college’s volleyball team and alter the record of wins and losses among schools immediately before a tournament is set to begin on Wednesday. The decision comes one day after…
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4 federal judges in Colorado advocate for Congress to create new judgeships
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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
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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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10th Circuit allows lawsuit to proceed against federal prison officials who attacked fellow staff
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The federal appeals court based in Denver agreed on Tuesday that multiple prison employees could be held individually liable for taking a hostage-training exercise too far and, as a trial judge found, engaging “in combat” with other staff members. The question before the U.S. Court of Appeals for the 10th Circuit was whether the government…
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Colorado Supreme Court rules Amazon must include ‘holiday incentive pay’ in overtime calculations
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The Colorado Supreme Court ruled on Monday that Amazon’s incentive payments to employees for work performed on holidays must be part of overtime pay calculations under the state’s wage regulations. The decision is a victory for Dan Hamilton, an Amazon worker who filed a class action lawsuit alleging the company improperly excluded holiday incentive pay…
