8 results for 'judge:"Carson"'.
J. Carson finds that the lower court properly issued a preliminary injunction against a school district after it sought to restrict an advocate's access to school district facilities and volunteer work. The school district issued the restrictions after the advocate criticized certain people in the district and wanted change, but his criticisms fell under the protections of the First Amendment. The school district's actions against him, as a result, constituted retaliation against free speech. Affirmed.
Court: 10th Circuit, Judge: Carson , Filed On: April 30, 2024, Case #: 23-1000, Categories: Education, First Amendment, Injunction
J. Carson finds that the lower court properly denied summary judgment to a county clerk in a civil rights dispute with her deputy. The clerk demanded that the deputy offer her full support to the clerk's next reelection campaign, and when the deputy declined, she was fired. Summary judgment was properly denied to the county clerk on the basis that it is clear under the law that a public official cannot "condition a subordinate’s employment" on any political basis. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: April 15, 2024, Case #: 22-7061, Categories: Civil Rights, Employment
J. Carson finds that the lower court properly sanctioned the driver for his attempts to "intentionally deceive" the court regarding his underlying car collision dispute. He attempted to make up evidence for his damages claim by lying to doctors, the court and even his own attorneys, leading the lower court to dismiss the non-economic claims and sanction him with attorney fees. He challenges the sanctions on a few grounds, namely that he was being ordered to pay attorney fees for more hours of attorney work than is typical for a traditional car accident case. But his deception and violation of basic court ethics forced the attorneys to work more hours than they normally would, so the lower court was well within its right to sanction him as it did. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: November 15, 2023, Case #: 23-1020, Categories: Sanctions, Vehicle
J. Carson finds that the lower court properly denied defendant's motion to suppress a firearm found during a traffic stop that led to his felony firearm possession conviction. Defendant claims the officers lacked good cause to conduct a warrantless sweep of his car during a traffic stop, but the officers had cause to suspect he might have a weapon based on strange movements defendant made around the time of the stop and the time it took defendant to come to a full stop after the police turned on their lights. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: August 8, 2023, Case #: 21-3202, Categories: Firearms, Search
J. Carson finds that the lower court properly dismissed a lawsuit over a dispute of alleged unpaid royalties for gas and oil leases. The lower court correctly tossed it for lack of jurisdiction, as administrative remedies were not fully exhausted and there was no major change in law that the court can review that would allow the issue to be litigated again after a prior judgment. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: July 25, 2023, Case #: 22-1170 , Categories: Civil Procedure, Contract
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J. Carson finds that the lower court properly sentenced defendant on robbery convictions. A sentencing enhancement was applied against defendant for committing three separate robberies on three separate occasions, but defendant claims the enhancement was improper and that all three robberies should only count as one occasion. The robberies were on different days at different locations, making each robbery a different occasion under the law. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 28, 2023, Case #: 22-6081, Categories: Robbery, Sentencing
J. Carson finds that the lower court improperly sentenced defendant for his firearm and battery convictions. Under the relevant sentencing rules, he is entitled to a downward sentencing adjustment due to having already served time for another related offense. Resentencing proceedings are needed. Vacated.
Court: 10th Circuit, Judge: Carson, Filed On: June 27, 2023, Case #: 21-6167, Categories: Firearms, Sentencing, Battery
J. Carson finds that the lower court properly declined to compel arbitration in a staffing plan dispute between a nurses' union and an employer. While both parties did agree to arbitrate disputes regarding the relevant collective bargaining agreement, that plan did not intend to cover staffing plan disputes. Because the main thrust of their dispute revolves around the staffing plan, the claims are not compelled to arbitration. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 13, 2023, Case #: 21-3146, Categories: Arbitration, Employment, Labor / Unions