Tag: judge joel carson
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10th Circuit says Costilla County’s process for permitting septic tank does not violate Constitution
The federal appeals court based in Denver agreed last week that while two property owners in Costilla County have argued the process for permitting their septic tank should look different, the county’s existing protocol does not violate their constitutional rights. Billie and Tracy Smith, a mother and son from South Carolina, sued two Costilla County…
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Federal judges’ financial disclosures reveal frequent travelers, income sources, minor errors
A review of judges’ financial disclosures for the federal trial and appeals courts headquartered in Denver reveals a range of income sources, a handful of judges who are frequent travelers to conferences and seminars, plus one judge’s minor — but repeated — errors in reporting. Pursuant to federal law, judges must file annual financial disclosures plus periodic…
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10th Circuit reinstates lawsuit against Mesa County deputies for $50,000 in home damage
The federal appeals court based in Denver agreed a trial judge mistakenly relied on outside materials when he dismissed a lawsuit against several Mesa County sheriff’s personnel who damaged a woman’s home during a SWAT raid. Patricia Cuervo identified 17 sheriff’s employees who allegedly contributed to the unspecified destruction on March 11, 2018. That day, police…
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10th Circuit upholds COVID fraud convictions of Colorado Springs-based doctor
The federal appeals court based in Denver agreed on Monday that jurors heard sufficient evidence to convict a doctor of fraudulently obtaining COVID-19 aid from the government and spending it on himself, not on his medical practice headquartered in Colorado Springs. Francis Joseph, the founder of Springs Medical Associates, argued prosecutors failed to prove he…
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10th Circuit, by 2-1, widens ability for governments to be held liable for policymakers’ misconduct
The federal appeals court based in Denver concluded on Friday that Sedgwick County could itself be held liable for its former sheriff’s sexual assault of a detainee, rejecting the argument that a government policymaker’s personal decision to violate someone’s rights should fall on them alone. Plaintiffs may attempt to hold government entities liable for injuries…
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10th Circuit upholds injunction removing access restrictions on DPS critic
The federal appeals court based in Colorado agreed on Tuesday that Denver Public Schools could not restrict a man’s access to district property or bar him from his volunteer football coaching position, despite the district’s concern about harassment and bullying directed toward employees. DPS sent a letter to Brandon Pryor in October 2022 outlining his…
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10th Circuit upholds Denver man’s convictions despite constitutional challenge
Even though the search warrant for 836 N. Linley Court did not mention a detached garage and the prosecution conceded the garage was not included in the search warrant, the federal appeals court based in Colorado nonetheless agreed last month that Denver police lawfully entered the building and detained the man sleeping inside. The Fourth…
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10th Circuit reinstates dress code discrimination lawsuit against Colorado Springs charter school
The federal appeals court based in Denver agreed on Tuesday that a boy could pursue his claims of sex-based discrimination against a Colorado Springs charter school after he was disciplined for wearing earrings under a boys-only prohibition on the accessory. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined a…
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10th Circuit rejects conservative group’s challenge to ballot title transparency law
The federal appeals court based in Denver rejected a conservative group’s challenge on Friday to a 2021 Colorado law that requires tax-cutting ballot initiatives to provide details to voters about affected services, even if the mandated information is inaccurate. Following the 1992 enactment of the Taxpayer’s Bill of Rights, ballot measures seeking to increase tax…
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10th Circuit warns employers against discriminatory DEI programming
The federal appeals court based in Denver sent up a warning flare to employers on Monday that diversity, equity and inclusion efforts can cross the line into illegal workplace discrimination, deeming certain race-conscious programming “troubling” and the product of “ideological messaging.” At the same time, a three-judge panel of the U.S. Court of Appeals for…