judge robert bacharach
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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 $20M award to Fort Collins after jury found vendor acted fraudulently
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The Denver-based federal appeals court on Wednesday upheld a jury’s verdict finding a technology vendor made false representations to Fort Collins when attempting to secure a contract, for which the company must pay nearly $20 million. After Fort Collins voters approved the creation of municipal broadband in 2017, the city sought a provider to develop a…
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‘Common sense’: 10th Circuit rules Loveland officer will face civil trial for shooting puppy in head
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The Denver-based federal appeals court ruled on Tuesday that a jury will decide whether a Loveland police officer violated a couple’s constitutional rights by shooting their puppy in the head and torso. The U.S. Court of Appeals for the 10th Circuit had never decided the specific question of whether the Fourth Amendment, which prohibits unreasonable…
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How a Harris or Trump presidency might shape Colorado’s federal courts
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In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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Federal judges’ financial disclosures reveal frequent travelers, income sources, minor errors
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A review of judges’ financial disclosures for the federal trial and appeals courts headquartered in Denver reveals a range of income sources, a handful of judges who are frequent travelers to conferences and seminars, plus one judge’s minor — but repeated — errors in reporting. Pursuant to federal law, judges must file annual financial disclosures plus periodic…
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Divided 10th Circuit keeps ‘zombie’ claims alive against federal prison officials
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The federal appeals court based in Denver rejected the appeal of prison officials accused of using excessive force against an incarcerated man, reasoning earlier this month that even if the U.S. Supreme Court’s precedent means the claims will ultimately fail, an immediate appeal was not the answer. The appeal from the Federal Bureau of Prisons…
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10th Circuit: Archuleta sheriff’s officials committed constitutional violation by seizing home for 8 hours
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An Archuleta County sheriff’s detective who barred a man and his family from entering their home for nearly eight hours without a warrant committed a constitutional violation that required the eventual evidence of a firearm offense to be thrown out, the federal appeals court based in Denver ruled on Tuesday. Although Corban Josiah Elmore cooperated…
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10th Circuit agrees no immunity for Colorado Springs officers in illegal arrest lawsuit
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The federal appeals court based in Denver agreed with a trial judge on Tuesday that a jury must decide whether two Colorado Springs police officers unlawfully arrested and searched a woman who, moments prior, helped resuscitate a man who had stopped breathing from a drug overdose. Officers Christopher Pryor and Robert McCafferty argued U.S. District…
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10th Circuit agrees no immunity for Colorado Springs officers in illegal arrest lawsuit
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The federal appeals court based in Denver agreed with a trial judge on Tuesday that a jury must decide whether two Colorado Springs police officers unlawfully arrested and searched a woman who, moments prior, helped resuscitate a man who had stopped breathing from a drug overdose. Officers Christopher Pryor and Robert McCafferty argued U.S. District…
