judge scott matheson
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10th Circuit grants immunity to officers for fatal Manitou Springs shooting
The Denver-based federal appeals court ruled on Wednesday that responding officers from Manitou Springs and El Paso County cannot be held constitutionally liable for shooting and killing a man after a 20-minute standoff. Wilford Deweese allegedly pulled out a gun in self-defense at a Manitou Springs bar, prompting a call to 911. Officers cornered him…
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Denver detox center did not violate man’s rights with 10-hour hold, 10th Circuit says
The Colorado-based federal appeals court concluded on Tuesday that Denver’s detoxification facility did not violate a man’s rights by holding him against his will for 10 hours until his blood alcohol content was projected to reach zero. Unusually, Brian Garrett’s lawsuit against Denver CARES unfolded as a federal jury concluded the organization violated the constitutional…
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Divided 10th Circuit upholds Colorado congestion fee on car rentals
The Denver-based federal appeals court concluded on Monday that a 2024 “congestion impact fee” that lawmakers imposed on short-term vehicle rentals did not conflict with a federal prohibition on certain airport-related charges. Beginning in the 1970s, Congress began limiting the types of taxes or fees that state or local governments could impose at airports. Originally,…
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Finding of no discrimination against former Cherry Creek Schools principal upheld
The Denver-based federal appeals court agreed on Friday that a judge properly resolved a former Cherry Creek School District administrator’s claims of discrimination in the district’s favor based on employees’ “loss of confidence” in her leadership. Linda Maccagnan was a longtime district employee who brought several claims alleging due process violations, disparate treatment, unequal pay,…
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10th Circuit grants Boulder-Weld district’s fire chief immunity for firing union leader
The Denver-based federal appeals court decided on Monday that the chief of a fire protection district spanning Boulder and Weld counties could not be held liable for terminating a union leader through the process outlined in the collective bargaining agreement. A trial judge concluded Chief David Beebe of the Niwot-based Mountain View Fire Protection District…
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10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…
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Despite prevailing at SCOTUS, 10th Circuit again rejects man’s age discrimination lawsuit
Six months after the nation’s highest court ruled that a man could theoretically reopen his age discrimination case to contest an arbitrator’s unfair decision, the Denver-based federal appeals court determined he could not actually do so under the procedural rules. As a result, plaintiff Gary Waetzig cannot challenge his arbitrator’s violation of her arbitration agreement…
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10th Circuit, 2-1, rules ignoring emergency signal from jail detainees is clear constitutional violation
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 says judge erred in denying immunity to Denver officers who arrested man for recording
The Colorado-based federal appeals court sided with two Denver police officers on Tuesday, finding they were entitled to immunity outright or to a second look at their arguments in a lawsuit over a man’s arrest for video recording at a police station. There was no dispute that a sign was posted on the window of…
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10th Circuit allows Gross Reservoir construction to continue while trial judge sorts out project
The Colorado-based federal appeals court on Friday permitted construction to continue temporarily on Denver Water’s massive infrastructure project in Boulder County while a trial judge forges ahead with a hearing on the matter. Earlier this month, U.S. District Court Senior Judge Christine M. Arguello found that, as a result of federal law violations, the expansion of…