judge robert bacharach
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10th Circuit dismisses woman’s lawsuit following 10-year attempt to undo restraining order
The Denver-based federal appeals court rejected a woman’s challenge on Friday to a restraining order imposed on her more than a decade ago, finding that she cannot credibly claim she will be prosecuted for violating the restraining order through her First Amendment-protected activity. The U.S. Court of Appeals for the 10th Circuit already concluded in…
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10th Circuit dismisses woman’s lawsuit following 10-year attempt to undo restraining order
The Denver-based federal appeals court rejected a woman’s challenge on Friday to a restraining order imposed on her more than a decade ago, finding that she cannot credibly claim she will be prosecuted for violating the restraining order through her First Amendment-protected activity. The U.S. Court of Appeals for the 10th Circuit already concluded in…
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10th Circuit agrees paramedic, officer not liable for constitutional violations in man’s death
The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death. Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in…
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10th Circuit upholds child sex convictions of Fort Carson resident over evidence objections
The Denver-based federal appeals court upheld the convictions of a Fort Carson resident on Tuesday, concluding that the prosecution did not violate the rules governing the disclosure of evidence. Mitchel Crow stood trial on seven counts of sexual abuse of a minor. A jury found him guilty on three counts, and he received a sentence…
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10th Circuit again dismisses ex-prison employee’s challenge to workplace DEI training
The Denver-based federal appeals court dismissed a second lawsuit on Monday brought by a former Colorado Department of Corrections employee who was offended by an equity training module and had alleged it created a hostile work environment. In 2023, U.S. District Court Judge Nina Y. Wang dismissed Joshua F. Young’s first lawsuit on the grounds that he…
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10th Circuit distances itself from prior decision making it easier to toss prisoner lawsuits
The Denver-based federal appeals court distanced itself March 4 from its own recent decision that made it easier for prison officials to end civil lawsuits by transferring incarcerated plaintiffs between facilities. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that Gov. Jared Polis could be sued over state prison…
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10th Circuit upholds violations, sanctions against Colorado Springs mental health hospital
The Denver-based federal appeals court agreed earlier this month that the government properly cited and penalized a Colorado Springs psychiatric hospital for failing to protect its staff from known risks posed by patients. The Occupational Safety and Health Administration inspected Cedar Springs Hospital in 2019. OSHA then issued a citation alleging that Cedar Springs violated…
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‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
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
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
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…