judge scott matheson
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10th Circuit warns employers against discriminatory DEI programming
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The federal appeals court based in Denver sent up a warning flare to employers on Monday that diversity, equity and inclusion efforts can cross the line into illegal workplace discrimination, deeming certain race-conscious programming “troubling” and the product of “ideological messaging.” At the same time, a three-judge panel of the U.S. Court of Appeals for…
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10th Circuit gives Eagle County sheriff’s officials immunity for jail suicide
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The federal appeals court based in Denver decided on Monday that five Eagle County sheriff’s officials cannot be held liable for the death of a jail detainee who allegedly was a known suicide risk prior to his arrest. The ruling from the U.S. Court of Appeals for the 10th Circuit marked the second time in…
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Senate confirms Richard Federico to 10th Circuit as Biden’s second appointee
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The U.S. Senate on Monday confirmed Richard E.N. Federico to the federal appeals court based in Denver by a vote of 61-29, adding a second public defender to the powerful circuit court. The U.S. Court of Appeals for the 10th Circuit hears federal cases arising from Colorado, Oklahoma, Kansas, Utah, New Mexico and Wyoming. Federico’s…
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Divided 10th Circuit restricts judges’ ability to address unfair arbitration outcomes
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Even if a private arbitrator did not follow the agreed-upon procedures or explain her reasoning, a man could not ask a judge to order a redo of his age discrimination proceedings, the federal appeals court based in Denver ruled on Monday. The effect of the decision was to clarify – and narrow – the ability of judges to step…
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10th Circuit agrees Colorado trooper committed constitutional violation in I-70 vehicle search
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The federal appeals court based in Denver agreed on Monday that a state trooper lacked reasonable suspicion to investigate a motorist for drug trafficking – based on little more than the driver’s messy vehicle, plans to visit a religious center and being “overly cooperative.” Although Trooper Shane Gosnell ended up being correct that Luis Alfonso Leon…
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El Paso County jail detainee can’t sue over COVID-19 protocols, 10th Circuit says
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A man incarcerated at the El Paso County jail was barred from suing over the facility’s allegedly lax COVID-19 protocols because he failed to specifically follow the procedure for reporting a problem, the federal appeals court based in Denver ruled on Tuesday. Under the federal Prison Litigation Reform Act, people who are incarcerated must “exhaust”…
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Durango officials immune from suit despite questions about probable cause, 10th Circuit rules
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The federal appeals court based in Denver acknowledged on Monday that there were “valid questions” about whether Durango police had probable cause to arrest a man, but ultimately awarded immunity to the officers and prosecutors for their unsuccessful criminal case against the suspect. Christopher Joe Clark alleged law enforcement should not have arrested him for…
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10th Circuit judges urge full-court consideration of immigration issue, while siding with man’s torture claims
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The Denver-based federal appeals court has agreed a Colorado immigration judge was wrong when he concluded Costa Rican police officers who abducted and raped a man, while wearing their uniforms and using their police car, were not actually acting in their government roles. Consequently, a three-judge panel of the U.S. Court of Appeals for the…
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10th Circuit gives green light to Malian man’s deportation, despite fear family will kill him
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The federal appeals court based in Denver paved the way last month for a Mali citizen living in Colorado to be deported, despite his insistence that his family will likely kill him for his departures from strict Islamic tradition. “A.B.,” who requested anonymity from the U.S. Court of Appeals for the 10th Circuit, argued that…
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10th Circuit finds no discrimination against Denver postal worker
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A Denver employee of the U.S. Postal Service failed to show her employer retaliated, discriminated against her or otherwise refused to accommodate her disability, the federal appeals court based in Colorado ruled last month. Melissa M. Goodson held a variety of jobs within the Postal Service since 1997. After she suffered an on-the-job injury in…
