Tag: judge joel carson
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10th Circuit grants immunity to officers for fatal Manitou Springs shooting
The Denver-based federal appeals court ruled on Wednesday that responding officers from Manitou Springs and El Paso County cannot be held constitutionally liable for shooting and killing a man after a 20-minute standoff. Wilford Deweese allegedly pulled out a gun in self-defense at a Manitou Springs bar, prompting a call to 911. Officers cornered him…
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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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10th Circuit orders second look at challenge to Colorado ‘ghost gun’ law
The Denver-based federal appeals court issued a mixed decision on Thursday, finding that a group of plaintiffs could not challenge certain aspects of Colorado’s “ghost gun” prohibition, could challenge others, and ordered further analysis of the law’s constitutionality. To address the proliferation of guns privately assembled from kits or 3-D printers, the General Assembly enacted Senate Bill 279 three…
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10th Circuit dismisses challenge to Colorado legislature’s decorum rules
The Denver-based federal appeals court concluded on Tuesday that Colorado lawmakers cannot be sued for creating and enforcing rules of decorum that circumscribe the public commentary allowed at legislative committee hearings. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that the concept of legislative immunity extends to the establishment…
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10th Circuit distances itself from prior decision making it easier to toss prisoner lawsuits
The Denver-based federal appeals court distanced itself March 4 from its own recent decision that made it easier for prison officials to end civil lawsuits by transferring incarcerated plaintiffs between facilities. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that Gov. Jared Polis could be sued over state prison…
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Federal judge once again dismisses lawsuit of prison employee offended by DEI training
A federal judge dismissed a second lawsuit on Monday brought by a former Colorado Department of Corrections employee who was offended by an equity training module and alleged it created a hostile work environment. In 2023, U.S. District Court Judge Nina Y. Wang dismissed Joshua F. Young’s first lawsuit on the grounds that he failed…
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10th Circuit mulls whether to block Colorado’s ‘ghost gun’ law
Members of the Denver-based federal appeals court last week probed the details of a 2023 Colorado law prohibiting the possession and purchase of certain firearm components not imprinted with a serial number — deemed “ghost guns” — that a trial judge declined to block last year. To address the proliferation of guns privately assembled from kits or 3-D printers,…
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10th Circuit grants immunity to Elbert County sergeant for shooting unarmed man
The federal appeals court based in Denver ruled on Thursday that an Elbert County sheriff’s employee cannot be held liable for shooting an unarmed man who startled him. Joel Hernandez sued Sgt. Mike Skalisky for excessive force for shooting him at the Kiowa Industrial Park in March 2021. In response, Skalisky invoked qualified immunity, which…
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10th Circuit directs judge to redo ruling in case of gas station clerk fired for confronting knife-wielding robber
The federal appeals court based in Denver told a trial judge on Tuesday to reconsider her ruling that Circle K lawfully fired a 72-year-old convenience store cashier who attempted to stop a knife-wielding robber from stealing cigarettes. Mary Ann Moreno, a 16-year employee of the company, was behind the register at a Westminster Circle K…
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10th Circuit partially reinstates fired nursing home worker’s lawsuit over COVID-19 vaccination
The federal appeals court based in Denver ruled on Tuesday that a former nursing home employee can pursue her claim of religious discrimination against her employer for failing to grant a religious exemption to its COVID-19 vaccination requirement. Diann R. Bolonchuk alleged she was an 18-year employee of Cherry Creek Nursing Center/Nexion Health when it…