judge philip brimmer
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‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
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The Colorado-based federal appeals court green-lit an unreasonable search claim against a Denver police officer on Tuesday, while one judge called for full-court reconsideration of a 44-year-old precedent limiting law enforcement’s ability to search suspects even when probable cause exists to arrest them. William Montgomery’s lawsuit against Officer Armando Cruz featured several unusual developments, but…
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Colorado senator, local officials push for new Colorado Springs federal courthouse
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Local officials and one of Colorado’s U.S. senators urged the judiciary earlier this year to explore placing a new federal courthouse and judge’s chambers in Colorado Springs, while the district court is cautioning that Congress must establish new judgeships before any expansion out of Denver occurs. “We’re supportive of a courthouse in Colorado Springs with…
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Colorado’s federal trial court denies admission to lawyer owing tens of thousands in dues, penalties
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Colorado’s U.S. District Court declined last month to allow an attorney to practice before the court due to his failure to pay enrollment fees and penalties to another state’s bar association for years. The federal trial court requires attorneys to remain in “good standing” wherever they practice and to notify the court if that is…
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Federal judge declines to order Denver to let police critic apply for review board
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A federal judge declined on Friday to order that Denver permit a longtime police critic to apply to join the board tasked with reviewing officers’ use of force. Regan Benson sought to become one of the two community members on the five-person Use of Force Review Board earlier this year. Command staff who were familiar…
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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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Colorado’s district court appoints Peter McNeilly as US attorney
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Colorado’s federal trial court took the unusual step last week of appointing Peter McNeilly as the state’s top federal prosecutor, who may hold that position until a presidentially nominated and U.S. Senate-confirmed appointee takes over. In a single-sentence order on Oct. 1, U.S. District Court Chief Judge Philip A. Brimmer indicated McNeilly will be Colorado’s…
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Federal judge dismisses lawsuit against Olympic SafeSport over misconduct-related restrictions
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A federal judge last month dismissed a lawsuit against the Colorado-based U.S. Center for SafeSport, brought by a Florida businessman who disputed the center’s ability to impose misconduct-related restrictions on him. Derek Strine owns an equestrian event facility that is used for developing horses into Olympic competitors. He is a member of the U.S. Equestrian…
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Federal judge finds fire chief violated due process rights of ex-employee in Boulder-Weld district
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A federal judge concluded last week that the chief of a fire protection district spanning Boulder and Weld counties violated the constitutional rights of an employee by terminating him through a process that lacked sufficient procedural protections. However, U.S. District Court Chief Judge Philip A. Brimmer also determined plaintiff Benjamin Carter could not prevail on…
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Federal judge advances religious freedom claims of incarcerated amputee
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A federal judge concluded last month that a Muslim man serving a life sentence at Colorado’s “supermax” prison may proceed with his claims that the government is violating his right to religious exercise by failing to install a water stream he can use to clean himself before praying. Mostafa Kamel Mostafa, also known as Abu…
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Federal judge sides with Denver in Lisa Calderón’s retaliation lawsuit
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A federal judge last week concluded a critic of then-Denver Mayor Michael Hancock had not shown that the termination of her city contract amounted to retaliation for her speech. Lisa Calderón was a mayoral candidate and, for a time, the executive director of the Community Reentry Program. The initiative, designed to provide services for people…
