judge timothy tymkovich
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10th Circuit rebuffs claim that Chaffee County violated landowner’s property rights
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Because Chaffee County never definitively represented to a landowner that she would be able to maintain a kennel and foxhunting operation on her property, the county did not violate her rights when it found her in violation of its land-use code, the federal appeals court based in Denver ruled on Tuesday. However, a three-judge panel…
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10th Circuit upholds immunity for Lafayette officers who used dog to bite unarmed man
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Lafayette police officers who deployed a dog to bite an unarmed, allegedly unconscious man for 15-20 seconds cannot be held liable for excessive force, the federal appeals court based in Denver ruled last week. Adrian Martinez was lying in the fetal position in a locked storage closet when police broke the door and immediately told…
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10th Circuit moves out front of Colorado Supreme Court, answers injured-motorist question
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Shortly after the Colorado Supreme Court agreed to address whether state law allows certain injured motorists to receive both workers’ compensation benefits and payments from their employer’s auto insurer, the federal appeals court based in Denver chose to answer the question without waiting for the Supreme Court’s interpretation. By 2-1, a three-judge panel of the…
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Colorado leaders cautious about altering anti-discrimination law following SCOTUS decision
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After the U.S. Supreme Court ruled that a Christian website designer, along with businesses that create speech, do not have to serve LGBTQ customers if the desired message violates their beliefs, policymakers in Colorado are pondering whether changes to the state’s anti-discrimination law are warranted. Currently, the Colorado Anti-Discrimination Act (CADA) makes it unlawful for businesses…
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Colorado’s Timothy Tymkovich channeled in 303 Creative decision from SCOTUS
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When the U.S. Supreme Court’s conservative majority opened the door for certain businesses to deny service for reasons related to sexual orientation, Justice Neil M. Gorsuch repeatedly turned to the words of his friend and former appellate colleague, Timothy M. Tymkovich. Tymkovich, who sat on the three-judge panel that first decided 303 Creative v. Elenis in 2021,…
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10th Circuit reinstates pregnant employee’s claim against Postal Service by 2-1
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A jury will decide whether the U.S. Postal Service failed to accommodate a pregnant employee’s restrictions on lifting, pushing and pulling heavy items, after the federal appeals court based in Colorado reversed a judge’s ruling that sided with the agency. Sharhea L. Wise was a postal worker in Denver for three months before her termination.…