Tag: 10th Circuit
-
10th Circuit agrees ex-Cherry Creek schools teacher failed to prove discrimination
—
by
Facebook Twitter WhatsApp SMS Email Print Copy article link Save The federal appeals court based in Denver agreed last month that the Cherry Creek School District ended the contract of a veteran elementary school teacher because of her performance, not because she expressed discomfort with racial equity trainings. Leslie Shannon, who is Black and Native…
-
10th Circuit upholds immunity for Lafayette officers who used dog to bite unarmed man
Lafayette police officers who deployed a dog to bite an unarmed, allegedly unconscious man for 15-20 seconds cannot be held liable for excessive force, the federal appeals court based in Denver ruled last week. Adrian Martinez was lying in the fetal position in a locked storage closet when police broke the door and immediately told…
-
10th Circuit upholds validity of federal sentencing recommendations
—
by
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…
-
10th Circuit in Denver throws out challenge to military’s now-rescinded COVID vaccine mandate
The federal appeals court based in Denver dismissed an attempt by two ex-military personnel to halt the U.S. Department of Defense’s COVID-19 vaccination requirement, recognizing on Thursday that the government had already rescinded the mandate and there was nothing for the court to block. A three-judge panel of the U.S. Court of Appeals for the…
-
Denver police lawfully searched man’s ‘abandoned’ backpack, 10th Circuit rules
The federal appeals court based in Colorado agreed with prosecutors earlier this month that a shooting suspect effectively abandoned ownership of his backpack, which permitted police to search it and uncover an illegally possessed handgun inside. The Fourth Amendment protects people from unreasonable searches and seizures wherever they have a reasonable expectation of privacy. The…
-
$2.4 million jury verdict against Denver for officer’s shooting of unarmed man, upheld by 10th Circuit
The federal appeals court based in Colorado has upheld a jury’s verdict that found a Denver officer responsible for excessive force by opening fire on an unarmed man, and the city itself liable for failing to adequately train him. Sgt. Robert Motyka Jr. seriously injured Michael Valdez following a January 2013 vehicle chase in which…
-
10th Circuit tosses GOP challenge to Colorado’s campaign spending limits
The federal appeals court based in Denver rejected an attempt by a trio of Republicans to temporarily block enforcement of the voluntary campaign spending limits Colorado voters enacted two decades ago as an anti-corruption measure. Although the plaintiffs brought their lawsuit and request for an injunction in early 2022, prior to the midterm election, the…
-
Colorado judge’s financial conflict does not require reopening case, 10th Circuit finds
A federal judge did violate the law when he failed to recuse himself from a case, but there is no need to reopen the lawsuit or overturn his rulings, the federal appeals court based in Denver decided on Thursday. In what appears to be the first ruling of its kind from the U.S. Court of…
-
Court sides with Frontier over flight attendant seeking alcohol rehab-related accommodations
Frontier Airlines did not violate the Americans with Disabilities Act when it denied a flight attendant’s request to build her schedule without layovers to avoid exacerbating her alcoholism, the federal appeals court based in Denver concluded this week. The airline refused to allow Rebecca Brigham to pick up “leftover” shifts that other flight attendants had…
-
10th Circuit finds no merit to First Amendment claims of Northglenn mosque protestor
—
by
Facebook Twitter WhatsApp SMS Email Print Copy article link Save The federal appeals court based in Denver agreed Wednesday that a man convicted of violating a sidewalk obstruction ordinance while holding an “Islam Kills” sign outside a Northglenn mosque failed to show his First Amendment rights were violated. Richard Roy Blake filed a federal lawsuit…