Judge Richard Federico
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
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The Denver-based federal appeals court ruled on Monday that the law allowing attorneys to recover their costs for prevailing against the government does apply to successful legal challenges to immigration detention. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged a decision to the contrary would deter legal representation for…
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‘A model example’: 10th Circuit OK’s Colorado’s non-discrimination requirement for universal pre-K
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The Denver-based federal appeals court ruled on Tuesday that Colorado’s universal pre-kindergarten program does not violate the rights of religious preschool operators by requiring participating organizations to refrain from discriminating on the basis of sexual orientation and gender identity, among other characteristics. Two Catholic institutions, St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in…
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10th Circuit judges hear about security, public engagement at conference
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Federal trial and appellate judges from Colorado and neighboring states heard about physical security, ways to engage with the public and other topics at a recent conference sponsored by the Denver-based appeals court. In even-numbered years, the U.S. Court of Appeals for the 10th Circuit — which has jurisdiction over federal appeals from Colorado, Oklahoma,…
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10th Circuit weighs courts’ authority to block Colorado legislative decorum rules
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The Denver-based federal appeals court questioned on Wednesday whether the rules of decorum governing public comments at Colorado legislative committee hearings are beyond the reach of the judiciary, thanks to the concept of legislative immunity. During oral arguments to the U.S. Court of Appeals for the 10th Circuit, the judges explored the hypothetical restrictions lawmakers…
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10th Circuit, by 2-1, rebuffs industry challenge to Vail’s prohibition on delivery vehicles
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The Denver-based federal appeals court concluded on Friday that Vail’s 2023 prohibition on delivery vehicles in pedestrian areas had a sufficient connection to safety and, therefore, a trial judge was wrong to block the town from enforcing its ordinance. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit considered whether an…
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10th Circuit, 2-1, rules ignoring emergency signal from jail detainees is clear constitutional violation
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The Denver-based federal appeals court concluded on Monday that a jail employee can violate a detainee’s clear constitutional rights by ignoring an emergency distress signal, even if there is no further information about what kind of emergency exists. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed Ralph Marcus Hardy…
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10th Circuit upholds $1,000-a-day sanction on Colorado podcaster in defamation case
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The Denver-based federal appeals court on Wednesday upheld a $1,000-per-day sanction against a conservative podcaster who absconded from the courthouse where he was required to sit for a deposition — and instead returned home to record a podcast and insult the judge. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also…
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Federal judge upholds Colorado law increasing gun purchasing age
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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…
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10th Circuit allows Gross Reservoir construction to continue while trial judge sorts out project
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The Colorado-based federal appeals court on Friday permitted construction to continue temporarily on Denver Water’s massive infrastructure project in Boulder County while a trial judge forges ahead with a hearing on the matter. Earlier this month, U.S. District Court Senior Judge Christine M. Arguello found that, as a result of federal law violations, the expansion of…
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10th Circuit clarifies what judges should do when juries turn in conflicting verdicts
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The Denver-based federal appeals court put judges and lawyers on notice Monday that if a jury produces a verdict too confusing to interpret, a judge may ask jurors to reconsider their decision. The U.S. Court of Appeals for the 10th Circuit acknowledged its prior decisions did not permit judges to let juries clarify certain kinds…
