judge william martinez
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Ex-Dominion Voting Systems exec scores procedural victories in 2 defamation cases
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A former executive for Denver-based Dominion Voting Systems recently prevailed on multiple motions in a pair of federal defamation cases seeking to hold liable those who amplified unproven allegations that he, personally, rigged the 2020 presidential election against Donald Trump. Eric Coomer, the former director of product security and strategy for voting technology supplier Dominion, has…
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10th Circuit reinstates lawsuit against Mesa County deputies for $50,000 in home damage
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The federal appeals court based in Denver agreed a trial judge mistakenly relied on outside materials when he dismissed a lawsuit against several Mesa County sheriff’s personnel who damaged a woman’s home during a SWAT raid. Patricia Cuervo identified 17 sheriff’s employees who allegedly contributed to the unspecified destruction on March 11, 2018. That day, police…
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Federal judge green-lights negligence trial against 2 Denver child welfare workers
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A federal judge determined last month that two child welfare workers in Denver will stand trial in a civil negligence case over the 2007 death of a boy at the hands of his guardians, and indicated on Tuesday he would not reconsider his decision. Chandler Grafner was 7 years old when he died in May…
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10th Circuit dismisses excessive force lawsuit over Lakewood police’s ‘ambush’ of man
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The federal appeals court based in Denver dismissed an excessive force lawsuit earlier this month from a man who alleged Lakewood police hid outside his home, failed to identify themselves as law enforcement, then shot him. In Eric St. George’s telling, police officers planted themselves outside his building close to midnight and called him multiple…
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Federal judge allows competing staffing claims by Kaiser, union to proceed to trial
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A federal judge has determined the competing claims that Kaiser Foundation Health Plan of Colorado and its union have lodged against each other will proceed to trial, with the parties both alleging a breach of staffing responsibilities in their collective bargaining agreement. In a pair of orders, U.S. District Court Senior Judge William J. Martínez determined…
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10th Circuit dismisses constitutional challenge to Colorado’s charitable solicitation law
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The federal appeals court based in Denver dismissed a constitutional challenge to a portion of Colorado’s law governing paid nonprofit solicitors, determining on Friday that the lawsuit against Secretary of State Jena Griswold was now moot. Colorado’s legislature enacted the Charitable Solicitations Act after finding fraudulent solicitations on behalf of charities were a “widespread practice”…
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Colorado’s federal judges slash motions backlog, with a little outside help
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Data released last month by the federal judiciary showed that several of Colorado’s federal trial judges successfully reduced or even eliminated the volume of motions pending for six months or longer on their dockets. The Civil Justice Reform Act of 1990 requires public reporting of motions awaiting action for more than six months in civil matters assigned to…
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10th Circuit says prisoner shot at courthouse cannot sue without complaining to prison first
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The federal appeals court based in Denver ruled on Tuesday that an incarcerated man shot by a corrections officer during his courthouse appearance was required to first file an internal prison grievance before suing for excessive force, even though he was outside the prison at the time. In reaching its conclusion, a three-judge panel of…
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Federal judge finds constitutional challenge to Colorado’s charitable solicitation law not viable
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A company that solicits charitable donations for nonprofits cannot continue its constitutional challenge to Colorado’s regulations because it no longer faces a prohibition on operating in the state, a federal judge ruled last week. InfoCision Management Corporation, located in Akron, Ohio, alleged a portion of Colorado’s Charitable Solicitations Act unconstitutionally infringed upon its free speech rights…
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Divided 10th Circuit keeps ‘zombie’ claims alive against federal prison officials
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The federal appeals court based in Denver rejected the appeal of prison officials accused of using excessive force against an incarcerated man, reasoning earlier this month that even if the U.S. Supreme Court’s precedent means the claims will ultimately fail, an immediate appeal was not the answer. The appeal from the Federal Bureau of Prisons…