judge william martinez
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Federal judge to Congress: Roll back Supreme Court’s limitations on suing federal officials
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In an extraordinary move, a federal judge in Colorado has called upon Congress to roll back the U.S. Supreme Court’s broad limitations on suing federal officials for constitutional violations. U.S. District Court Senior Judge William J. Martínez, in an Aug. 3 order, criticized the fact that prisoners, if they are in a federal facility, are largely…
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Federal judge dismisses lawsuit against Arapahoe County judges over alleged misconduct
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A Denver man may not hold a pair of Arapahoe County judges liable for perceived irregularities in his small claims case, a federal judge ruled last week. Danny Zipris alleged former County Court Judge Anne M. Ollada, who presided over a 2021 trial in which Zipris was the plaintiff, engaged in “ex parte” communication with…
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10th Circuit finds El Paso County land-use code discriminates against disabled residents
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El Paso County’s land-use code violated federal housing law by placing discriminatory caps on group-living facilities for people recovering from drug addiction, the federal appeals court based in Denver ruled on Tuesday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded the county provided no valid justification for treating rehabilitation…
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10th Circuit upholds validity of federal sentencing recommendations
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When Congress created the U.S. Sentencing Commission in 1984, it intended to reduce disparities in criminal sentencing at the federal level by developing a set of guidelines, which trial judges now reference during sentencing. However, the guidelines are also accompanied by commentary – notes that clarify and expand upon the meaning of the guidelines. In recent…
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10th Circuit upholds Colorado Springs police’s gun search after second look at case
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Two years after ruling that Colorado Springs police used an unconstitutional search warrant to recover illegally owned guns from a man’s property, the federal appeals court based in Denver has conceded the officers nonetheless acted in good faith. The decision means the key evidence of a crime – the guns themselves – did not need to be…
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Federal judge declines to label Colorado Springs appeal ‘frivolous’ in lawsuit over police killing
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Although she previously found a jury should decide whether Colorado Springs police officers and the city itself are liable for killing a man with a Taser, a federal judge has declined to forge ahead with a trial while the defendants appeal her ruling. In March, U.S. District Court Senior Judge Christine M. Arguello determined a…
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Federal judge upholds constitutionality of law against possessing guns without serial numbers
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Although a major U.S. Supreme Court decision last year made it easier to strike down gun safety regulations as unconstitutional, a federal judge agreed on Monday that a law banning the possession of guns that lack serial numbers does not run afoul of the Second Amendment. Within months of his indictment for possessing a firearm…
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Federal judge refuses to halt proceedings as podcaster appeals in ex-Dominion exec’s defamation suit
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A federal judge who recently declined to dismiss a defamation lawsuit against an Oklahoma podcaster for his alleged lies about election-rigging has now refused to pause the litigation while the defendant appeals. On March 7, U.S. District Court Senior Judge William J. Martínez found Eric Coomer, the former director of product security and strategy for voting technology…
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10th Circuit upholds $2.4 million jury verdict against Denver for officer’s shooting of unarmed man
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The federal appeals court based in Colorado has upheld a jury’s verdict that found a Denver officer responsible for excessive force by opening fire on an unarmed man, and the city itself liable for failing to adequately train him. Sgt. Robert Motyka Jr. seriously injured Michael Valdez following a January 2013 vehicle chase in which…
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Federal judge refuses to dismiss excessive force lawsuit against Aurora officer
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A federal judge on Tuesday refused to dismiss an excessive force claim against an Aurora police officer for shooting a gun-wielding man, even though the man was not pointing his weapon at anyone and had only two seconds to react to the officer’s commands. U.S. District Court Senior Judge William J. Martínez agreed Officer Joseph…