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Tag: 10th Circuit

A Rodney King-era civil rights law drives the federal lawsuit over Colorado’s magazine ban
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Rocky Mountain Voice, State, Top Stories

A Rodney King-era civil rights law drives the federal lawsuit over Colorado’s magazine ban

By Jen Schumann | Rocky Mountain Voice Colorado's magazine ban has been challenged before. The surprise this time is not the Second Amendment argument. It is the DOJ’s decision to use a federal civil-rights law traditionally aimed at police misconduct investigations to make it. On May 5, federal attorneys filed against Denver over its assault-weapons ban. The next morning, they were back in court with another complaint—this one against the state, over the 15-round magazine limit. The law driving both lawsuits came out of the aftermath of Rodney King. Congress passed §12601 in 1994 after Los Angeles erupted in riots, giving the federal government authority to intervene when police departments repeatedly violated constitutional rights. DOJ has used the law fewer than 100 times in t...
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Colorado Federal Judges Hold Line On Immigration Detention Limits Despite Fifth Circuit Ruling
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Colorado Politics, Approved, State

Colorado Federal Judges Hold Line On Immigration Detention Limits Despite Fifth Circuit Ruling

By Michael Karlik | Colorado Politics Colorado’s federal judges are maintaining their view that the government’s assertion of broad immigration detention authority is unlawful, casting aside a recent appellate decision to the contrary as “unpersuasive” and out of step with the predominant interpretation by the judiciary. However, several judges are speaking out forcefully about the behavior from the government, including missed deadlines, violations of orders, and potential constitutional problems. Beginning last year, a wave of “habeas corpus” cases flooded Colorado’s U.S. District Court, pushing annual civil filings to more than 4,000 for seemingly the first time. Largely, the petitions challenging immigration detention stem from the federal government’s interpr...
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In 10th Circuit, Wendy’s too slow, Costilla septic case dismissed, Overstock short selling
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Approved, Law Week Colorado, State

In 10th Circuit, Wendy’s too slow, Costilla septic case dismissed, Overstock short selling

By Law Week Colorado Seeking unpaid wages for himself and other class members, Jeffrey Little filed a putative class action against Wendy’s International LLC in Colorado state court.  Wendy’s removed the action to federal court, relying on the removal provisions of the Class Action Fairness Act.  But the district court held that Wendy’s had failed to file its removal motion within the applicable 30-day removal period. It therefore granted Little’s motion to remand the action to state court.  READ THE FULL STORY AT LAW WEEK COLORADO
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