10th Circuit Case Commentaries

Qualified Immunity Affirmed in Warrantless Access of Prescription Drug Database

Date: Nov 2, 2017

Qualified Immunity Affirmed in Warrantless Access of Prescription Drug Database Introduction In the case of Ryan Pyle and Marlon Jones v. James Woods, the United States Court of Appeals for the Tenth...

Clarifying Qualified Immunity Standards in Excessive Force Claims: Tenth Circuit's Reversal in Pauly II

Date: Nov 1, 2017

Clarifying Qualified Immunity Standards in Excessive Force Claims: Tenth Circuit's Reversal in Pauly II Introduction The case of Daniel T. Pauly v. Ray White et al. centers on the tragic incident...

Reinforcing Judicial Impartiality and Brady Standards: United States v. Wells and Lyman

Date: Oct 24, 2017

Reinforcing Judicial Impartiality and Brady Standards: United States v. Wells and Lyman Introduction United States of America v. Monte Jerome Wells and Phillip Kay Lyman is a significant judgment...

Discovery Sanctions and Judicial Discretion: Analysis of HCG Platinum, LLC v. Preferred Product Placement Corporation

Date: Oct 18, 2017

Discovery Sanctions and Judicial Discretion: Analysis of HCG Platinum, LLC v. Preferred Product Placement Corporation Introduction The case of HCG Platinum, LLC v. Preferred Product Placement...

Appleby v. Cline: Tenth Circuit Upholds Denial of Certificate of Appealability Under AEDPA Standards

Date: Sep 29, 2017

Appleby v. Cline: Tenth Circuit Upholds Denial of Certificate of Appealability Under AEDPA Standards Introduction Appleby v. Cline is a significant case adjudicated by the United States Court of...

10th Circuit Clarifies ACCA Sentence Enhancements Post-Johnson Ruling in United States v. Snyder

Date: Sep 22, 2017

10th Circuit Clarifies ACCA Sentence Enhancements Post-Johnson Ruling in United States v. Snyder Introduction In the landmark case United States v. Michael Lee Snyder, 871 F.3d 1122 (10th Cir. 2017),...

10th Circuit Upholds Dismissal of Title VII Hostile Work Environment and Constructive Discharge Claims

Date: Sep 20, 2017

10th Circuit Upholds Dismissal of Title VII Hostile Work Environment and Constructive Discharge Claims Introduction In the case of Christopher A. Brown v. LaFerry's LP Gas Co., Inc., the United...

Affirmation of Sovereign Immunity in IRS Audits: Rivera et al. v. IRS

Date: Sep 19, 2017

Affirmation of Sovereign Immunity in IRS Audits: Rivera et al. v. IRS Introduction In Rivera et al. v. Internal Revenue Service (IRS), the United States Court of Appeals for the Tenth Circuit...

Affirmation of the Danger-Creation Exception in Substantive Due Process Claims: T.D. v. Patton

Date: Aug 29, 2017

Affirmation of the Danger-Creation Exception in Substantive Due Process Claims: T.D. v. Patton Introduction In the case of T.D., Plaintiff - Appellee, v. Kelcey Patton, Defendant - Appellant, and The...

Affirmation of Unreasonable Seizure and Rejection of Qualified Immunity: Stoedter v. Gates & Madsen

Date: Aug 4, 2017

Affirmation of Unreasonable Seizure and Rejection of Qualified Immunity: Stoedter v. Gates & Madsen Introduction In the case of Robert Stoedter v. Kenneth C. Gates and Kenyon T. Madsen, the...

United States v. Henthorn: Establishing Guidelines for Admitting Prior Similar Conduct under Federal Rule of Evidence 404(b)

Date: Jul 27, 2017

United States v. Henthorn: Establishing Guidelines for Admitting Prior Similar Conduct under Federal Rule of Evidence 404(b) Introduction The case of United States of America v. Harold Arthur...

Waiver by Participation Does Not Constitute a Jurisdictional Defect under §1447(c): Analysis of City of Albuquerque v. Soto Enterprises, Inc.

Date: Jul 26, 2017

Waiver by Participation Does Not Constitute a Jurisdictional Defect under §1447(c): Analysis of City of Albuquerque v. Soto Enterprises, Inc. Introduction In the appellate case City of Albuquerque v....

Qualified Immunity Affirmed in Lowe v. Raemisch: A New Precedent on Eighth Amendment Claims

Date: Jul 26, 2017

Qualified Immunity Affirmed in Lowe v. Raemisch: A New Precedent on Eighth Amendment Claims Introduction The case of Donnnie Lowe v. Rick Raemisch represents a significant development in the realm of...

Clarifying Fourth Amendment Seizure Standards: Insights from United States v. Roberson

Date: Jul 26, 2017

Clarifying Fourth Amendment Seizure Standards: Insights from United States v. Roberson Introduction United States of America v. Louis Roberson, 864 F.3d 1118 (10th Cir. 2017), is a pivotal case that...

Finality of Administrative Decisions Under §4.21: Farrell-Cooper Mining Co. v. DOI

Date: Jul 26, 2017

Finality of Administrative Decisions Under §4.21: Farrell-Cooper Mining Co. v. Department of the Interior Introduction In the case of Farrell-Cooper Mining Company, Plaintiff-Appellant v. United...

Affirmation of Spontaneous Statements During Custodial Search: United States v. Yepa

Date: Jul 18, 2017

Affirmation of Spontaneous Statements During Custodial Search: United States v. Yepa Introduction In the case of United States of America v. Gavin Yepa (862 F.3d 1252, 10th Cir. 2017), the United...

Ellis v. Raemisch: Tenth Circuit Affirms Colorado's Rule 51.1 as Satisfying AEDPA's Exhaustion Requirement

Date: Jul 8, 2017

Ellis v. Raemisch: Tenth Circuit Affirms Colorado's Rule 51.1 as Satisfying AEDPA's Exhaustion Requirement Introduction In the landmark case of Mark Stephen Ellis v. Rick Raemisch, the United States...

10th Circuit Clarifies Standards for Failure-to-Accommodate Claims under ADA in Temporary Employment Context

Date: Jul 7, 2017

10th Circuit Clarifies Standards for Failure-to-Accommodate Claims under ADA in Temporary Employment Context Introduction The case of Kirstin Punt v. Kelly Services; GE Control Solutions represents a...

Affirmation of the Masson/Bustos Standard in Defamation Litigation: Brokers' Choice vs. NBC Universal

Date: Jun 29, 2017

Affirmation of the Masson/Bustos Standard in Defamation Litigation: Brokers' Choice vs. NBC Universal Introduction In the landmark case of Brokers' Choice of America, Inc.; Tyrone M. Clark v. NBC...

Due Process Upheld in Revocation of Suspended Sentences: Jurisdictional Insights under 28 U.S.C. §2241

Date: Jun 28, 2017

Due Process Upheld in Revocation of Suspended Sentences: Jurisdictional Insights under 28 U.S.C. §2241 Introduction The case of Michael Don Leatherwood v. Joe M. Allbaugh (861 F.3d 1034) addressed...