judge robert bacharach
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10th Circuit says Denver officers cannot be held liable for burning down woman’s home
The federal appeals court based in Colorado concluded on Monday that two Denver police officers cannot be held liable for burning down a woman’s home after they threw a teargas canister, not designed for indoor use, into her house and sparked a fire. A trial judge previously decided it was a jury’s job to say…
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10th Circuit says Denver officers cannot be held liable for burning down woman’s home
The federal appeals court based in Colorado concluded on Monday that two Denver police officers cannot be held liable for burning down a woman’s home after they threw a teargas canister, not designed for indoor use, into her house and sparked a fire. A trial judge previously decided it was a jury’s job to say…
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‘Not there to trip you up’: 10th Circuit judges encourage, warn lawyers about appeal strategy
Three members of the federal appeals court based in Denver provided a rare glimpse on Thursday into their work of deciding cases, sharing both words of encouragement and warning about how to best present an argument in the U.S. Court of Appeals for the 10th Circuit. “Think about oral argument as a conversation,” said Judge…
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10th Circuit: 60 days means 60 days to voluntarily deport
If a noncitizen has 60 days to leave the country or else ask for review of his immigration case, there is no grace period if the final day falls on a weekend, the federal appeals court based in Denver ruled last month. Addressing an issue that had only surfaced in one other appellate court, the…
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10th Circuit agrees ex-Cherry Creek schools teacher failed to prove discrimination
The federal appeals court based in Denver agreed last month that the Cherry Creek School District ended the contract of a veteran elementary school teacher because of her performance, not because she expressed discomfort with racial equity trainings. Leslie Shannon, who is Black and Native American, came to Highline Community Elementary School in 2016 after many…
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10th Circuit reinstates challenge to Colorado’s regulations on ballot issue advocacy groups
The federal appeals court based in Denver has reinstated a legal challenge to Colorado’s regulations on groups advocating for or against ballot initiatives, which require registration with the state and, in some instances, disclosure of donors. Previously, a trial judge threw out the lawsuit from the Colorado Union of Taxpayers, Inc. after finding the conservative…
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10th Circuit agrees Colorado Judicial Department did not engage in discriminatory hiring
The federal appeals court based in Denver agreed on Tuesday that an unsuccessful applicant for a job with the Colorado Supreme Court failed to show her age and race were factors in the hiring decision. Michele Brown filed suit against the Colorado Judicial Department, alleging violations of federal and state civil rights law in the…
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10th Circuit moves out front of Colorado Supreme Court, answers injured-motorist question
Shortly after the Colorado Supreme Court agreed to address whether state law allows certain injured motorists to receive both workers’ compensation benefits and payments from their employer’s auto insurer, the federal appeals court based in Denver chose to answer the question without waiting for the Supreme Court’s interpretation. By 2-1, a three-judge panel of the…
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10th Circuit reinstates pregnant employee’s claim against Postal Service by 2-1
A jury will decide whether the U.S. Postal Service failed to accommodate a pregnant employee’s restrictions on lifting, pushing and pulling heavy items, after the federal appeals court based in Colorado reversed a judge’s ruling that sided with the agency. Sharhea L. Wise was a postal worker in Denver for three months before her termination.…
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10th Circuit agrees Adams County deputy who fractured motorist’s ribs not liable for excessive force
An Adams County sheriff’s deputy who pulled a man out of his pickup truck and fractured his ribs after smelling marijuana is not liable for excessive force, the federal appeals court based in Denver ruled last week. The U.S. Court of Appeals for the 10th Circuit agreed Jeffrey Helvie’s refusal to exit the vehicle and…