Tag: 10th Circuit
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10th Circuit agrees Frontier must pay TSA for security fees
Frontier Airlines must pay nearly $5.4 million to the Transportation Security Administration after it improperly held onto security-related fees paid by certain customers, the federal appeals court in Denver ruled on Monday. The TSA argued that federal law and regulations permit refunds of a ticket-based security fee to be paid to only two recipients: the…
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10th Circuit upholds verdict against Denver, officer for protest-related violations
The Colorado-based federal appeals court on Tuesday turned aside multiple challenges to a 2022 jury verdict that found Denver and one of its officers violated the constitutional rights of protesters and were liable for $14 million. In the first of many lawsuits culminating in a jury trial, 12 plaintiffs largely succeeded in arguing that Denver’s…
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10th Circuit upholds dismissal of Barry Morphew’s civil lawsuit against prosecutors, investigators
The Denver-based federal appeals court agreed on Monday that Barry Morphew, who now stands accused for a second time of murdering his wife, failed to state viable claims against the government officials involved in his first, unsuccessful prosecution. Morphew was arrested in May 2021, almost a year after his wife, Suzanne Morphew, disappeared. State prosecutors…
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Federal judge blocks evidence from Aurora police’s unconstitutional search
A federal judge ruled last month that prosecutors cannot use firearm evidence against a defendant because Aurora police searched him without having any reasonable basis to believe he was armed and dangerous. In evaluating the constitutionality of the search, U.S. District Court Senior Judge William J. Martínez noted that police officers were called to a…
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10th Circuit rules cognitively impaired man’s risk of lobotomy, mistreatment in Mexico not ‘torture’
The Denver-based federal appeals court concluded last month that a man’s risk of mistreatment or forced lobotomy in his native Mexico did not amount to “torture” that should shield him from deportation. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that Javier Garcia-Botello’s request for protection under the Convention…
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Federal judge refuses to authorize immediate appeal in World Cup trafficking lawsuit
A federal judge declined to authorize an immediate appeal last week of a prior decision allowing companies operating out of Colorado to be sued for allegedly participating in a human trafficking venture involving Filipino laborers who constructed facilities for the 2022 World Cup in Qatar. Occasionally, trial judges’ decisions are subject to mid-case, or “interlocutory,”…
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10th Circuit judge creates vacancy, district court gets new chief judge | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week. Colorado Supreme Court update • At some point today, the…
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10th Circuit upholds finding of no misconduct against Colorado federal judge
A judicial committee for the Denver-based federal appeals court upheld the chief judge’s finding last week that a federal judge in Colorado did not engage in misconduct by handling a civil case involving other attorneys and judges in the state. Ordinarily, misconduct proceedings against federal judges provide anonymity to the complaining party and the subject…
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10th Circuit upholds violations, sanctions against Colorado Springs mental health hospital
The Denver-based federal appeals court agreed earlier this month that the government properly cited and penalized a Colorado Springs psychiatric hospital for failing to protect its staff from known risks posed by patients. The Occupational Safety and Health Administration inspected Cedar Springs Hospital in 2019. OSHA then issued a citation alleging that Cedar Springs violated…
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Elizabeth School District dismisses challenge to book-ban injunction on eve of appellate arguments
An Elbert County school district has dismissed its challenge to a judge’s injunction ordering it to return banned books to library shelves, days before the Denver-based federal appeals court was set to hear oral arguments this week. Although a three-judge panel of the U.S. Court of Appeals for the 10th Circuit formally dismissed the case…