judge timothy tymkovich
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10th Circuit judges hear about security, public engagement at conference
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Federal trial and appellate judges from Colorado and neighboring states heard about physical security, ways to engage with the public and other topics at a recent conference sponsored by the Denver-based appeals court. In even-numbered years, the U.S. Court of Appeals for the 10th Circuit — which has jurisdiction over federal appeals from Colorado, Oklahoma,…
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10th Circuit reinstates constitutional challenge to Colorado ‘doxing’ law
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The Denver-based federal appeals court reinstated a man’s constitutional challenge on Wednesday to a law prohibiting the online dissemination of certain personal identifying information, including the details of police officers, if doing so poses an imminent safety threat. Andrew Thomas Scott is a process server who attempted to deliver a subpoena at the home of…
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Despite prevailing at SCOTUS, 10th Circuit again rejects man’s age discrimination lawsuit
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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 dismisses trip-and-fall lawsuit against DIA
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The Colorado-based federal appeals court dismissed a woman’s lawsuit against Denver last month, which attempted to hold the city liable for her trip-and-fall on a floor mat in the security screening area of Denver International Airport. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed Ana Guardado of Los Angeles…
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10th Circuit rules child welfare worker immune for alleged false statements at custody hearing
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The Denver-based federal appeals court ruled on Tuesday that a child welfare worker’s testimony during a temporary custody hearing, even if it was false, cannot be the basis for a civil lawsuit under the longstanding principle shielding witness statements in judicial proceedings. A trial judge previously believed the allegedly untruthful statements of former Arapahoe County…
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10th Circuit denies full-court review of trans detainee’s appeal; some GOP appointees dissent
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The members of the Denver-based federal appeals court rejected El Paso County’s request on Tuesday for full-court review of a recent decision reinstating the constitutional rights lawsuit of a transgender detainee. In February, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded Darlene Griffith had credibly alleged then-Sheriff Bill Elder’s housing and…
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10th Circuit rules Denver deputy will face trial for punching man in wheelchair
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The Colorado-based federal appeals court agreed on Friday that a Denver sheriff’s deputy will face a civil jury trial for using “arbitrary and punitive force” against a restrained man who spat on him. Video footage from 2019 captured Deputy Jason Gentempo punching and shoving Serafin Finn, who was in a wheelchair, to the ground after Finn…
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10th Circuit rules COVID access restrictions constitutional in criminal trial
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The Denver-based federal appeals court decided on Tuesday that the drastic restrictions on courtroom access during the ongoing COVID-19 pandemic did not violate a convicted defendant’s constitutional right to a public trial. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit also rejected the argument that the trial court’s method of…
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10th Circuit rules Denver police acted constitutionally by taking bullet removed from man
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Denver police did not violate the constitutional prohibition on unreasonable searches and seizures by obtaining a bullet, without a warrant, that was removed from a man’s leg and later used as evidence against him, the Colorado-based federal appeals court ruled on Tuesday. Law enforcement responded to an office building in the Cherry Creek neighborhood where…
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2 federal judges pitch lawyers on benefits of handing cases over to magistrate judges
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Two of Colorado’s federal district judges, speaking on Tuesday about why lawyers should consent to having magistrate judges handle more cases, said they were disturbed that barely more than a dozen attorneys showed up. “We’re concerned even about this turnout for two (district) judges speaking,” said U.S. District Court Judge Charlotte N. Sweeney at a…
