Tag: judge philip brimmer
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10th Circuit clears path for Colorado’s increased firearms purchasing age to take effect
The federal appeals court based in Denver cleared the way on Tuesday for a 2023 Colorado law to take effect that will generally raise the age limit for purchasing firearms to 21. Senate Bill 169 was originally intended to take effect in August of last year, creating a misdemeanor offense for those who sell guns to…
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3 federal judges trim claims brought by 2020 protesters in Denver
A trio of federal judges in recent weeks cut back the number of claims that could proceed to trial in lawsuits stemming from police use of force during the protests in downtown Denver four years ago. Numerous judges this year have found Denver or its officers may be held liable for excessive force or First Amendment…
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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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10th Circuit says Costilla County’s process for permitting septic tank does not violate Constitution
The federal appeals court based in Denver agreed last week that while two property owners in Costilla County have argued the process for permitting their septic tank should look different, the county’s existing protocol does not violate their constitutional rights. Billie and Tracy Smith, a mother and son from South Carolina, sued two Costilla County…
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10th Circuit upholds dismissal of Aurora councilwoman’s lawsuit
The federal appeals court based in Denver agreed on Monday that an Aurora city council member had not shown a violation of her constitutional rights occurred when she became the subject of a social worker’s false report of child abuse. Councilwoman Danielle Jurinsky sued Arapahoe County, the department of human services and Robin Niceta, who was…
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Federal judge green-lights lawsuit for trial by man arrested for recording Denver police station
A jury will decide whether two Denver police officers violated a man’s First Amendment rights when they arrested him for recording at a police station, a federal judge ruled on Monday. There was no dispute that a sign was posted on the window of the District 5 station in northeast Denver prohibiting video recording “in”…
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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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Federal judge denies compassionate release to prisoner worried about COVID, but who refused vaccine
A federal judge last week declined to order the early release of an incarcerated man who was concerned about being infected with COVID-19, yet refused to get vaccinated. In an Aug. 14 order, U.S. District Court Chief Judge Philip A. Brimmer rejected the compassionate release request of Armando Rogelio Durete, who is serving a 10-year…
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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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Colorado’s federal judges slash motions backlog, with a little outside help
Data released last month by the federal judiciary showed that several of Colorado’s federal trial judges successfully reduced or even eliminated the volume of motions pending for six months or longer on their dockets. The Civil Justice Reform Act of 1990 requires public reporting of motions awaiting action for more than six months in civil matters assigned to…