judge r. brooke jackson
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10th Circuit finds no constitutional, antitrust violations by Calhan officials with RV ordinances
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Members of a prominent family who served in the town of Calhan’s government did not commit constitutional or antitrust violations by adopting a series of restrictions on recreational vehicle parks that did not apply to their family’s own facility, the federal appeals court based in Denver ruled this month. Although a trial judge previously suggested…
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10th Circuit dismisses appeal of man convicted for pushing wife off cliff
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The federal appeals court based in Denver has dismissed a man’s challenge to his 2015 murder conviction for pushing his wife off a cliff in Rocky Mountain National Park. Last month, the U.S. Court of Appeals for the 10th Circuit rejected Harold Henthorn’s claim that a trial judge inappropriately narrowed his postconviction challenge to a…
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10th Circuit reminds judges: Be attentive to mentally ill litigants
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The federal appeals court based in Denver reminded judges last month to be mindful of self-represented litigants who appear to be mentally ill, and to arrange for assistance when required. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit reviewed the appeal of Jessie Tunson-Harrington, whose excessive force and false arrest…
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10th Circuit reverses jury’s $39,000 overtime award due to faulty instruction
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The federal appeals court based in Denver overturned a jury’s award of $39,000 to an oilfield worker on Monday because the trial judge instructed jurors to reach their verdict based on a regulation that was irrelevant to the case. Mark Wilson sued his employer, Schlumberger Technology Corp., alleging the company deliberately failed to pay him…
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El Paso County jail detainee can’t sue over COVID-19 protocols, 10th Circuit says
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A man incarcerated at the El Paso County jail was barred from suing over the facility’s allegedly lax COVID-19 protocols because he failed to specifically follow the procedure for reporting a problem, the federal appeals court based in Denver ruled on Tuesday. Under the federal Prison Litigation Reform Act, people who are incarcerated must “exhaust”…
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Colorado’s billboard regulations comply with First Amendment, 10th Circuit rules
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The federal appeals court based in Denver ruled on Tuesday that Colorado’s rules governing paid advertising along highways do not violate the First Amendment, as they do not discriminate based on the content of the billboards. Two outdoor advertising companies challenged the state’s recently enacted regulations that require billboard owners to obtain a permit from…
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10th Circuit gives Colorado Springs officer immunity for hospital room tasing
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A Colorado Springs officer acted reasonably by grabbing and repeatedly tasing a man in a hospital room for not relinquishing his fiancée’s cell phone, the federal appeals court based in Denver ruled on Friday. A trial judge previously found Officer Vito DelCore escalated the interaction with Carl Andersen Jr. and effectively created the need to…
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New faces, new approach: Charlotte Sweeney talks about transformation of Colorado’s federal court
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In just two years, the Biden administration appointed four – soon to be five – judges to Colorado’s seven-member federal trial court. One of them spoke on Friday about how she and the other new members are taking a different approach to the job. “It certainly seems like we’re moving back to being out more in the…
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10th Circuit says no refunds for Vail Resorts customers after curtailed 2020 ski season
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Three years after the COVID-19 pandemic forced Vail Resorts to halt operations for the 2019-2020 season, the federal appeals court based in Denver has ruled passholders cannot sue the ski conglomerate for refunds. Vail customers from Colorado and other states pursued a class action lawsuit against the company on the theory that the Epic Passes…
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10th Circuit rules Denver police lawfully searched man’s ‘abandoned’ backpack
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The federal appeals court based in Colorado agreed with prosecutors earlier this month that a shooting suspect effectively abandoned ownership of his backpack, which permitted police to search it and uncover an illegally possessed handgun inside. The Fourth Amendment protects people from unreasonable searches and seizures wherever they have a reasonable expectation of privacy. The…