judge timothy tymkovich
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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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Colorado Supreme Court to scrutinize parole requirements for juvenile sex offenders
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The Colorado Supreme Court has agreed to answer whether the state law authorizing indefinite, potentially lifetime sentences for sex offenses makes room for the special considerations that must be given to juveniles who are tried as adults. In a rare move, the court accepted the question not through the usual appeals process, but following a…
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10th Circuit wipes away $1.5 million in sanctions judge imposed without good reason
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The federal appeals court based in Denver has overturned a judge’s seven-figure sanction on a pair of law firms for proceeding with what she termed a “fatally flawed” case, even though the judge communicated there were legitimate issues worth deciding before she suddenly changed her position. U.S. District Court Senior Judge Christine M. Arguello sided…
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10th Circuit upholds constitutionality of home search, Lakewood man’s gun conviction
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The federal appeals court based in Denver agreed last week that law enforcement had reasonable suspicion to search a Lakewood man’s home and, upon discovering a gun, there was sufficient evidence to convict him of illegally possessing it. Charles Ramon III is serving a sentence of nearly 20 years after a jury convicted him of…
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10th Circuit rejects attempt to block Vail Resorts from settling wage claims
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The federal appeals court based in Denver has declined to let three Vail Resorts employees block the ski conglomerate from finalizing a $13 million settlement over alleged wage violations. The U.S. Court of Appeals for the 10th Circuit’s decision on Tuesday replaced a previous order from June. Initially, a three-judge panel believed the plaintiffs’ appeal…
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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 reverses jury’s $39,000 overtime award due to faulty instruction
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The federal appeals court based in Denver overturned a jury’s award of $39,000 to an oilfield worker on Monday because the trial judge instructed jurors to reach their verdict based on a regulation that was irrelevant to the case. Mark Wilson sued his employer, Schlumberger Technology Corp., alleging the company deliberately failed to pay him…
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Colorado’s billboard regulations comply with First Amendment, 10th Circuit rules
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The federal appeals court based in Denver ruled on Tuesday that Colorado’s rules governing paid advertising along highways do not violate the First Amendment, as they do not discriminate based on the content of the billboards. Two outdoor advertising companies challenged the state’s recently enacted regulations that require billboard owners to obtain a permit from…
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More than opinions: Some appellate judges wax philosophical in journal articles
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The life of an appellate judge revolves around reading and writing, but some members of Colorado’s state and federal courts have published their musings off the bench in recent years, expanding upon the issues and initiatives they confront in their day jobs. Colorado Politics located five journal articles published in 2022 and 2023 whose authors…
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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…