nancy moritz
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10th Circuit rules Denver police had no justification to search suspect’s backpack
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Denver police were unjustified in searching a suspect’s backpack, the federal appeals court based in Colorado ruled on Tuesday, meaning the loaded firearm found inside cannot be used as evidence of a crime. The Fourth Amendment guards against unreasonable searches and seizures, and there are circumstances under which a warrantless search may be constitutional. But…
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10th Circuit says man cannot sue Denver officer for confiscating hemp plants at airport
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The 2018 law that legalized hemp production and barred states from prohibiting the transportation of hemp does not permit a man to sue a police officer for confiscating 32 of his plants at Denver International Airport, the federal appeals court based in Colorado ruled on Tuesday. It was an open question whether a provision of…
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10th Circuit upholds home search because defendant’s mom invited police to look around
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The federal appeals court based in Denver has agreed police were lawfully inside an Adams County home at the explicit invitation of the defendant’s mother when they spotted the defendant’s handgun in a drawer, leading to federal charges for firearms possession. Mario Raymond Sanchez is serving a three-year sentence for possessing a weapon despite a…
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10th Circuit awards immunity to Fort Collins cop who slammed college student into ground
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The federal appeals court based in Denver has determined a Fort Collins officer who slammed a college student face-first into the ground cannot be held liable for excessive force. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit acknowledged Officer Randall Klamser did violate the constitutional rights of Michaella Lynn Surat…
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10th Circuit finds no discrimination after prosecutor dismissed all Hispanic jurors in trial
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The Denver-based federal appeals court concluded on Monday that a prosecutor who dismissed all the Hispanic members of a jury pool did not violate the longstanding prohibition against intentional racial discrimination in jury selection. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit declined to grant a new trial for Jack…
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EPA abused discretion by denying Suncor Colorado refineries exemption from clean air law, court says
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The federal appeals court based in Denver has overturned a 2019 decision of the U.S. Environmental Protection Agency that refused to grant Suncor Energy’s Commerce City Refinery an exemption to a key environmental law. Although the U.S. Court of Appeals for the 10th Circuit cautioned the EPA could find, upon further review, that Suncor still…
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10th Circuit skeptical of Fort Collins officer’s excessive force arguments
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A Fort Collins police officer’s contention that he should not face civil liability for slamming an unarmed college student face-first into the pavement received an icy reception at the Denver-based federal appeals court on Wednesday. After a lower court judge ruled that Officer Randall Klamser would proceed to a jury trial for using a “rowing…
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10th Circuit reinstates race discrimination lawsuit over ‘crazy brown man’ comment
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Whether a Hispanic insurance agent in Greeley had his contract terminated because he was perceived as a “crazy brown man running around with a gun” will now be a question for a jury to decide, as the federal appeals court based in Denver has reinstated the racial discrimination lawsuit. A trial judge last year sided…
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Ex-Montrose sheriff’s deputy failed to establish retaliation for complaining about racism, court finds
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A Montrose County deputy’s text message complaining about racism and unprofessional conduct in the sheriff’s office was neither specific enough nor sufficiently in the public’s interest to shield him from retaliation, the federal appeals court based in Denver decided on Thursday. Brad Lamb, who the Montrose County Sheriff’s Office terminated in September 2015, believed he…
