Tag: judge daniel domenico
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10th Circuit dismisses paralyzed man’s claims against Colorado Springs, officer
The Denver-based federal appeals court upheld the dismissal last week of a man’s excessive force claims against the city of Colorado Springs and the officer who tased him, causing him to fall down a sloped surface and break his neck. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to…
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Divided 10th Circuit orders pretrial release of defendant facing drug charges
The Denver-based federal appeals court overturned a judge’s order keeping a defendant in custody pending trial on Friday, ruling 2-1 that she was entitled to release under the law. Erika Esmeralda Garcia stands accused of two charges related to the possession and distribution of fentanyl, plus a charge for conspiracy to commit money laundering. Previously,…
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10th Circuit confirms Colorado can be sued over EpiPen pricing law
The Denver-based federal appeals court confirmed on Friday that Colorado may be sued for an allegedly unconstitutional 2023 law aimed at capping the price of EpiPens for certain consumers. House Bill 1002 sought to counter the rising prices of epinephrine auto-injectors, which can save the lives of people undergoing a severe allergic reaction. During the 2023 legislative session, lawmakers…
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Colorado’s federal judges recused 200+ times in 4 years for variety of reasons
A handful of magistrate judges accounted for a large portion of the recusals
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10th Circuit sides with Golden officers in constitutional lawsuit over arrest, cell phone search
Members of the Golden Police Department did not violate a man’s clearly established rights when they arrested him on suspicion of retaliating against a witness and used a defective warrant to search his phone, the federal appeals court based in Denver ruled last week. Wayne Dean Wieber was involved in a long-running neighborhood dispute, to…
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Judge handling Denver schools’ challenge to ICE policy changes course, sets hearing
The federal judge overseeing Denver Public Schools’ challenge to the Trump administration’s new policy for immigration enforcement announced on Monday that he will hold a hearing on the district’s request for a restraining order — a seeming about-face from his position just one week ago. The DPS lawsuit against U.S. Secretary of Homeland Security Kristi Noem seeks…
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Federal judge exempts Christian preschool from state non-discrimination requirements
A federal judge ruled on Monday that the state must continue funding a Christian preschool in Chaffee County even though the academy’s policies may violate the non-discrimination requirements of Colorado’s universal pre-kindergarten program. U.S. District Court Judge Daniel D. Domenico granted what he deemed a “narrow” permanent injunction in favor of Darren Patterson Christian Academy and…
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Man in the middle: DPS lawsuit against Trump policy assigned to judge with higher aspirations
After Denver Public Schools sued the Trump administration on Wednesday seeking to overturn a new policy giving immigration authorities greater latitude to operate in schools, the case was assigned to the lone, first-term appointee of President Donald Trump on Colorado’s federal trial court. U.S. District Court Judge Daniel D. Domenico has routinely handled challenges to governmental actions during his…
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Federal judges’ backlog holds steady on Colorado’s district court
As of Sept. 30, Colorado’s federal trial judges collectively had 73 motions in civil cases that had been sitting on their dockets for at least six months without a ruling. The Civil Justice Reform Act of 1990 requires public reporting of motions awaiting action in civil matters assigned to each district judge and magistrate judge. Twice a year,…
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Federal judge ponders blocking rideshare transparency law amid Uber’s constitutional challenge
A federal judge on Friday weighed whether to temporarily block Colorado from enforcing a law set to take effect in one week requiring rideshare companies to disclose certain information to riders and drivers about the amount of money drivers earned prior to any tip. Last year, the legislature enacted Senate Bill 75 to place new…