Tag: judge harris hartz
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10th Circuit says Lakewood sergeant has immunity for fatally shooting man in burning basement
The Denver-based federal appeals court agreed on Thursday that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while…
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How a Harris or Trump presidency might shape Colorado’s federal courts
In the past four years, President Joe Biden has made seven appointments to the federal trial and appeals courts headquartered in Colorado, with his appointees now constituting a majority of active judges on the state’s U.S. District Court. The next president will similarly have a chance to make his or her mark on the district…
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By 2-1, 10th Circuit rejects request to block Colorado’s conversion therapy ban
Colorado’s 2019 ban on the provision of “conversion therapy” for LGBTQ children will remain in effect after the federal appeals court based in Denver declined on Thursday to block the law on constitutional grounds. Kaley Chiles, a licensed counselor in Colorado Springs, alleged the law violated her First Amendment rights and sought a preliminary injunction.…
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10th Circuit partially reinstates religious discrimination lawsuit of ex-Douglas County schools administrator
A former high school administrator may pursue his claims of religious discrimination against the Douglas County School District, the federal appeals court based in Denver ruled on Tuesday. Corey McNellis worked at Ponderosa High School for 14 years and was the athletic director and assistant principal at the time of his termination in October 2020. According…
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Colorado Supreme Court rules Amazon must include ‘holiday incentive pay’ in overtime calculations
The Colorado Supreme Court ruled on Monday that Amazon’s incentive payments to employees for work performed on holidays must be part of overtime pay calculations under the state’s wage regulations. The decision is a victory for Dan Hamilton, an Amazon worker who filed a class action lawsuit alleging the company improperly excluded holiday incentive pay…
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10th Circuit dismisses constitutional challenge to Colorado’s charitable solicitation law
The federal appeals court based in Denver dismissed a constitutional challenge to a portion of Colorado’s law governing paid nonprofit solicitors, determining on Friday that the lawsuit against Secretary of State Jena Griswold was now moot. Colorado’s legislature enacted the Charitable Solicitations Act after finding fraudulent solicitations on behalf of charities were a “widespread practice”…
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10th Circuit, by 2-1, widens ability for governments to be held liable for policymakers’ misconduct
The federal appeals court based in Denver concluded on Friday that Sedgwick County could itself be held liable for its former sheriff’s sexual assault of a detainee, rejecting the argument that a government policymaker’s personal decision to violate someone’s rights should fall on them alone. Plaintiffs may attempt to hold government entities liable for injuries…
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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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Ex-Dominion exec prevails in another appeal over unproven election-rigging accusations
For the second time in under a month, a former executive for Denver-based Dominion Voting Systems has moved forward in his efforts to hold liable those who amplified unproven allegations that he, personally, rigged the 2020 presidential election against Donald Trump. Last year, a federal trial judge agreed Eric Coomer, the director of product strategy and…
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Colorado Supreme Court weighs Amazon’s obligation to pay millions more in overtime
Members of the state Supreme Court heard on Wednesday that Colorado will be an outlier among all states if its wage regulations require companies to include incentive pay for time worked on holidays when calculating employees’ overtime compensation. At the same time, the justices repeatedly returned to the text of the disputed regulation, which provides…