judge philip brimmer
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10th Circuit finds Denver officers unconstitutionally searched man
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
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
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
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
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
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…
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Federal judge narrows industry challenge to Denver natural gas restrictions
A federal judge on Tuesday narrowed the challenge to Denver’s recent restrictions on certain natural gas appliances from a collection of industry groups, noting some of the complained-about regulations were not in effect. Last summer, trade associations representing homebuilders, restaurants, apartment buildings, hotels, manufacturers and fuel suppliers sued the city. They took aim at a…
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Colorado’s federal judges recused 200+ times in 4 years for variety of reasons
Colorado’s federal judges issued orders recusing themselves from cases at least 203 times in four years, with reasons ranging from unspecified appearances of partiality to potential conflicts created by their prior employment and family connections. One judge also noted in recusing himself that if he ruled against an attorney who was his personal friend, “it…
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10th Circuit says judge erred in denying immunity to Denver officers who arrested man for recording
The Colorado-based federal appeals court sided with two Denver police officers on Tuesday, finding they were entitled to immunity outright or to a second look at their arguments in a lawsuit over a man’s arrest for video recording at a police station. There was no dispute that a sign was posted on the window of…
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Federal judge upholds Colorado law increasing gun purchasing age
A federal judge on Thursday upheld a 2023 Colorado law generally increasing the age to purchase firearms, after the challengers acknowledged a recent federal appeals court decision dictated the outcome. Senate Bill 169 created a misdemeanor offense for those who sell guns to people younger than 21. Similarly, it became a misdemeanor for someone under 21…