judge timothy tymkovich
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Colorado’s Judge Tymkovich moderates panel on public nuisance lawsuits
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A member of the federal appeals court based in Denver moderated a discussion earlier this fall about public nuisance lawsuits, including one pending before the Colorado Supreme Court seeking to hold oil and gas producers accountable for climate change. Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the 10th Circuit appeared on…
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10th Circuit underscores most lawsuits against federal officials are ‘dead’
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The federal appeals court based in Denver emphasized on Tuesday that lawsuits against federal officials who violate people’s constitutional rights are “all but dead” — thanks to the U.S. Supreme Court’s recent decisions. Lawsuits seeking money damages against federal employees for constitutional violations are known as a “Bivens remedy,” stemming from a 1971 Supreme Court…
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Trump presidency raises possibility of 10th Circuit vacancy, with eyes on Domenico
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With President-elect Donald Trump taking office in January and a Republican majority in the U.S. Senate, the federal appeals court in Denver could soon see a vacancy arise for one of its Colorado-based seats. Judge Timothy M. Tymkovich has sat on the U.S. Court of Appeals for the 10th Circuit for more than 20 years.…
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Judge Timothy Tymkovich speaks about trip to Israel, insights into legal aspect of war
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This March, 14 federal judges traveled to Israel to meet with government officials and learn about last year’s terrorist attack and kidnapping that ignited a war in Gaza, with Colorado’s Timothy M. Tymkovich among the delegation. Tymkovich, who sits on the Denver-based U.S. Court of Appeals for the 10th Circuit, believed he was invited on…
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Sentencing practices, jury pet peeves and more: Federal judges give peek behind the curtain
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At a gathering of federal judges and attorneys last week, one member of the bench disclosed that she has instituted a new practice of meeting with criminal defendants after they finish their incarceration to discuss their plans for success on supervised release. “It’s not an interview, it’s a dialogue,” said U.S. District Court Judge Charlotte…
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How a Harris or Trump presidency might shape Colorado’s federal courts
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In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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10th Circuit says no constitutional violation from Denver officers’ warrantless search of storage unit
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Denver police officers did not violate a man’s constitutional rights with their warrantless search of a storage locker he had been using without authorization in his apartment building, the federal appeals court based in Colorado ruled last month. Although the U.S. Court of Appeals for the 10th Circuit emphasized its Sept. 20 opinion hinged on specific shortcomings…
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10th Circuit partially reinstates religious discrimination lawsuit of ex-Douglas County schools administrator
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A former high school administrator may pursue his claims of religious discrimination against the Douglas County School District, the federal appeals court based in Denver ruled on Tuesday. Corey McNellis worked at Ponderosa High School for 14 years and was the athletic director and assistant principal at the time of his termination in October 2020. According…
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Federal judges’ financial disclosures reveal frequent travelers, income sources, minor errors
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A review of judges’ financial disclosures for the federal trial and appeals courts headquartered in Denver reveals a range of income sources, a handful of judges who are frequent travelers to conferences and seminars, plus one judge’s minor — but repeated — errors in reporting. Pursuant to federal law, judges must file annual financial disclosures plus periodic…
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After hearing from Colorado’s justices, 10th Circuit rules defendant cannot challege parole eligibility — yet
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The federal appeals court based in Denver ruled on Monday that a defendant who is serving a potential life sentence for crimes he committed as a 15 year old cannot pursue a constitutional challenge now to any future decision about his parole eligibility. The U.S. Court of Appeals for the 10th Circuit reached its decision…