Tag: 10th circuit
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10th Circuit orders new unlawful arrest trial against Colorado Springs officers
The Denver-based federal appeals court concluded on Friday that a trial judge inappropriately allowed jurors to see several unflattering video clips of a plaintiff being belligerent toward police officers during a trial to determine whether police violated her constitutional rights. Sasha Cronick pursued claims of unlawful search and arrest against Colorado Springs officers who handcuffed…
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Wrongfully deported man to be returned to U.S., Colorado federal judge orders
Colorado’s chief federal judge took the extraordinary step of directing the government on Tuesday to do everything it can to return a man it deported in violation of his order. At the same time, Colorado’s chief magistrate judge has set a hearing for next month to explore multiple instances in which the U.S. Department of…
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Federal judge hears arguments about Colorado’s 3-day gun purchase waiting period
A federal judge heard arguments on Monday about the constitutionality of a 2023 Colorado law that generally imposes a three-day waiting period on firearm purchases after the initiation of a background check. The test that the U.S. Supreme Court created in 2022 for assessing firearm regulations’ compliance with the Second Amendment occurs in two phases.…
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10th Circuit upholds federal prohibition on juvenile handgun possession
The Denver-based federal appeals court concluded on Monday that Congress acted within its constitutional powers to make it a crime for juveniles to possess handguns in most instances. The decision from the U.S. Court of Appeals for the 10th Circuit was highly unusual, as it involved a juvenile defendant’s prosecution in federal court. The Juvenile…
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Misconduct complaints from ex-Colorado judicial discipline director dismissed against federal judges
The administrative body for the Denver-based federal appeals court upheld a finding last week that misconduct complaints against Colorado’s chief federal trial judge and the chief appeals judge warranted dismissal and appeared to be a “litigation tactic” by the complaining party. The Judicial Council of the U.S. Court of Appeals for the 10th Circuit concluded…
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10th Circuit concludes Army was justified in initially withholding Purple Heart to soldier
The Denver-based federal appeals court agreed last week that the U.S. Army was “substantially justified” in its initial decision to withhold the Purple Heart from an injured soldier, then reverse itself when new evidence surfaced during litigation. Joshua Savelkoul ultimately received the award nearly two decades after a sniper shot him in Iraq. But the…
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10th Circuit upholds dismissal of ex-Teller County fire chief’s First Amendment lawsuit
The Denver-based federal appeals court agreed on Tuesday that the former chief of the Florissant Fire Protection District could not prevail on the claim that his 2023 firing was retaliation for his First Amendment-protected activity. Erik Holt alleged the Teller County district’s directors terminated him because he cooperated with an investigation into potential election fraud…
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10th Circuit agrees paramedic, officer not liable for constitutional violations in man’s death
The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death. Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in…
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10th Circuit agrees Colorado satisfied jury award after intercepting money for restitution
The Denver-based federal appeals court agreed last week that Colorado satisfied its obligations by not paying a man directly for violating his rights, but rather crediting the jury’s multimillion-dollar award toward the crime victim restitution he still owed in his criminal case. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit…
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Bennet, Hickenlooper to vote against Trump’s 10th Circuit nominee from Colorado
Colorado’s two Democratic senators will not vote to confirm President Donald Trump’s nominee to a vacancy on the Denver-based federal appeals court. Trump has selected U.S. District Court Chief Judge Daniel D. Domenico, who he appointed as a federal trial judge in 2019, to fill a vacancy arising out of Colorado on the powerful U.S.…