Judge Richard Federico
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10th Circuit finds no fair housing violation by Littleton landlord for worker’s alleged rape of tenant
The Denver-based federal appeals court concluded on Monday that Littleton’s housing authority could not be held liable for a maintenance worker’s alleged rape of a tenant, as the worker’s employment did not provide any special access to the victim. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged that neither…
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Ex-attorney cannot remain anonymous while suing Colorado judicial branch, says 10th Circuit
The Denver-based federal appeals court concluded last month that a former attorney cannot mask her identity while suing the Colorado Judicial Department for alleged improprieties in her disability and disbarment proceedings. “Jane Roe,” representing herself, sued the Judicial Department and attorney regulators in 2024. She accused the defendants of discrimination, defamation, and violations of her…
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10th Circuit revives Colorado voter intimidation lawsuit due to judge’s error
The Denver-based federal appeals court on Monday reversed a trial judge’s finding that the leaders of an “election integrity” effort had not illegally intimidated Colorado voters through an organized door-to-door canvassing project to search for election fraud in the wake of the 2020 presidential race. A three-judge panel of the U.S. Court of Appeals for…
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10th Circuit rebuffs government, rules against shift to mandatory immigration detention
The Denver-based federal appeals court ruled on Tuesday against the government’s broad assertion of authority to keep people in immigration custody without the opportunity to demonstrate their suitability for release on bond. Although the regional appeals courts have reached different conclusions on the subject, the U.S. Court of Appeals for the 10th Circuit decided the…
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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10th Circuit provides guidance on police searches of cloud-based data
The Denver-based federal appeals court provided guidance to law enforcement agencies on Monday for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching an…
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10th Circuit dismisses challenge to Colorado legislature’s decorum rules
The Denver-based federal appeals court concluded on Tuesday that Colorado lawmakers cannot be sued for creating and enforcing rules of decorum that circumscribe the public commentary allowed at legislative committee hearings. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that the concept of legislative immunity extends to the establishment…
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Divided 10th Circuit orders pretrial release of defendant facing drug charges
The Denver-based federal appeals court overturned a judge’s order keeping a defendant in custody pending trial on Friday, ruling 2-1 that she was entitled to release under the law. Erika Esmeralda Garcia stands accused of two charges related to the possession and distribution of fentanyl, plus a charge for conspiracy to commit money laundering. Previously,…
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10th Circuit upholds financial incentive for lawyers to take on challenges to immigration detention
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
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…