judge robert bacharach
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‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
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The Colorado-based federal appeals court green-lit an unreasonable search claim against a Denver police officer on Tuesday, while one judge called for full-court reconsideration of a 44-year-old precedent limiting law enforcement’s ability to search suspects even when probable cause exists to arrest them. William Montgomery’s lawsuit against Officer Armando Cruz featured several unusual developments, but…
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10th Circuit judges recap do’s and don’ts for lawyers
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Two members of the Denver-based federal appeals court spoke to attorneys on Monday about how to present cases effectively, and when it is helpful for outside entities to weigh in on pending appeals. Judges Robert E. Bacharach of Oklahoma and Gregory A. Phillips of Wyoming, who are both Barack Obama appointees to the U.S. Court…
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Divided 10th Circuit rules bank customer must arbitrate discrimination-related claims
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The Denver-based federal appeals court ruled on Monday that a mandatory arbitration clause in the fine print of a customer’s bank account agreement prohibited her from pursuing claims of racial discrimination in court. Jeanetta Vaughn filed suit against JPMorgan Chase after the manager of its South Buckley Road branch in Aurora called the police on…
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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…
