Tag: judge allison eid
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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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Colorado justice, law professor discuss uncharted territory for federal regulations in wake of SCOTUS precedent
Colorado attorneys heard on Tuesday that federal courts are in a “free-for-all” as they interpret recent U.S. Supreme Court precedent shifting power from executive agencies to judges to determine whether regulations are appropriate or not. “One of the dominant theories is that Congress delegates because it simply doesn’t have the time or the expertise to address…
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Trump presidency raises possibility of 10th Circuit vacancy, with eyes on Domenico
With President-elect Donald Trump taking office in January and a Republican majority in the U.S. Senate, the federal appeals court in Denver could soon see a vacancy arise for one of its Colorado-based seats. Judge Timothy M. Tymkovich has sat on the U.S. Court of Appeals for the 10th Circuit for more than 20 years.…
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10th Circuit reinstates malicious prosecution claim against ex-Denver DA employee
For the second time in four years, the federal appeals court based in Colorado has reinstated a claim of malicious prosecution against a former employee of the Denver District Attorney’s Office whose allegedly false testimony caused the plaintiffs to be wrongfully arrested. Victoria Carbajal and Luis Leal first filed suit more than a decade ago,…
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10th Circuit agrees Aurora officer unconstitutionally detained man
The federal appeals court based in Denver agreed last week that an Aurora officer unreasonably detained a Black man who looked nothing like what a 911 caller reported, resulting in a constitutional violation that required evidence of a firearm offense to be thrown out. Officer William Idler approached Lyndell Daniels in the parking lot of…
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‘Hostile and discriminatory’: 10th Circuit slams CU for treatment of religious vaccine exemptions
In a fiery opinion on Tuesday, the federal appeals court based in Denver tore into a pair of COVID-19 vaccination policies the University of Colorado imposed on medical staff in late 2021, concluding they discriminated against certain religions and affected plaintiffs were consequently entitled to exemptions. By 2-1, the all-Republican panel of the U.S. Court…
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10th Circuit removes obstacle to long-planned resort project in Rio Grande National Forest
The federal appeals court based in Denver cleared a key obstacle on Friday to the construction of a resort village in the Rio Grande National Forest that has been planned for nearly four decades but has run into a steady stream of legal and logistical hurdles. Conservation groups have repeatedly challenged the proposed Village at…
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10th Circuit underscores limited path federal prisoners face in suing government
The federal appeals court based in Denver underscored last month that incarcerated plaintiffs have essentially no path to suing federal officials for money for violating their constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit explained that the U.S. Supreme Court’s precedent, as well as its own, meant prisoners…