Tag: judge carolyn mchugh
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Lawyer’s failure to cite facts prompts 10th Circuit to toss excessive force case
The federal appeals court based in Colorado agreed last week that police officers from Littleton, Englewood and Denver cannot be held liable for killing one person and partially paralyzing another because the plaintiffs’ lawyer failed to cite any facts of the case while appealing a trial judge’s decision. During a late-night vehicle chase across multiple…
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10th Circuit agrees Saguache County jail supervisor can be held liable for detainee’s suicide
The federal appeals court based in Denver agreed on Wednesday that a jury should decide whether a Saguache County jail supervisor is liable for failing to prevent the death of a suicidal detainee. Last year, a trial judge declined to grant immunity to Capt. Kenneth Wilson for the November 2019 suicide of Jackson Maes in…
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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 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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Colorado Supreme Court identifies potential red flag in state’s sex offender sentencing law
The Colorado Supreme Court on Monday suggested the 25-year-old law governing criminal sentences for sex offenders might run afoul of the constitutional prohibition on cruel and unusual punishment when applied to juveniles serving lengthy terms of incarceration. The ultimate question of whether the Sex Offender Lifetime Supervision Act, or SOLSA, is unconstitutional in the case of…
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10th Circuit agrees ex-DPS teacher not terminated due to race discrimination
The federal appeals court based in Colorado agreed last week that Denver Public Schools did not discriminate against a Chinese-born teacher when it decided against renewing his employment, but rather had legitimate issues with his performance. Chunyi “David” Xu taught math at Noel Community Arts School in northeast Denver during the 2018-2019 school year. Due…
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Colorado justices ponder parole requirements for juvenile sex offenders amid constitutional challenge
Colorado’s justices on Tuesday appeared to believe the state law authorizing lengthy sentences for adult sex offenders does, when applied to juveniles, account for the guardrails necessary to comply with the U.S. Constitution. However, that determination would only be a piece of the larger puzzle, due to the unusual manner in which the case of…