third circuit
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10th Circuit opens door wider for courts to dismiss prisoners’ civil rights lawsuits
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The federal appeals court based in Denver made it easier on Tuesday for prison officials to defeat lawsuits from incarcerated plaintiffs by moving them to a different facility outside a circuit court’s jurisdiction before judges have a chance to rule. Michael Bacote Jr., a prisoner with an intellectual disability and history of mental illness, spent…
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10th Circuit reminds judges: Be attentive to mentally ill litigants
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The federal appeals court based in Denver reminded judges last month to be mindful of self-represented litigants who appear to be mentally ill, and to arrange for assistance when required. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit reviewed the appeal of Jessie Tunson-Harrington, whose excessive force and false arrest…
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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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Judge says Denver may be held liable for failing to train officer who punched man in wheelchair
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A federal judge last week declined to dismiss the City and County of Denver from an excessive force lawsuit, finding the plaintiff credibly alleged the government’s failure to train its deputies was the cause of his injuries. Video footage from 2019 captured sheriff’s Deputy Jason Gentempo punching Serafin Finn multiple times and shoving Finn, who was…
