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  • Commentaries
  • Judgments

10th Circuit Case Commentaries

Excessive Force Claims Not Subsumed by Unlawful Arrest: CORTEZ v. McCAULEY Sets New Precedent

Excessive Force Claims Not Subsumed by Unlawful Arrest: CORTEZ v. McCAULEY Sets New Precedent

Date: Feb 17, 2007
Excessive Force Claims Not Subsumed by Unlawful Arrest: CORTEZ v. McCAULEY Sets New Precedent Introduction CORTEZ v. McCAULEY, 478 F.3d 1108 (10th Cir. 2007), is a pivotal case in Fourth Amendment...
Rooker-Feldman Doctrine Affirmed: Federal Courts Lack Jurisdiction Over State Probate Court Orders

Rooker-Feldman Doctrine Affirmed: Federal Courts Lack Jurisdiction Over State Probate Court Orders

Date: Feb 16, 2007
Rooker-Feldman Doctrine Affirmed: Federal Courts Lack Jurisdiction Over State Probate Court Orders Introduction In Be v. Rly Mann, 477 F.3d 1140 (10th Cir. 2007), the United States Court of Appeals...
Affirmation of Egan's Principles in Environmental Whistleblower Retaliation: Insights from Da v. d W. Hall

Affirmation of Egan's Principles in Environmental Whistleblower Retaliation: Insights from Da v. d W. Hall

Date: Feb 14, 2007
Affirmation of Egan's Principles in Environmental Whistleblower Retaliation: Insights from Da v. d W. Hall Introduction In Da v. d W. Hall, 476 F.3d 847 (10th Cir. 2007), the United States Court of...
Recognition of Tribal Motor Vehicle Registrations: PRAIRIE BAND POTAWATOMI NATION v. WAGNON

Recognition of Tribal Motor Vehicle Registrations: PRAIRIE BAND POTAWATOMI NATION v. WAGNON

Date: Feb 7, 2007
Recognition of Tribal Motor Vehicle Registrations: PRAIRIE BAND POTAWATOMI NATION v. WAGNON Introduction PRAIRIE BAND POTAWATOMI NATION, Plaintiff-Appellee, v. Joan WAGNON, Secretary of Revenue is a...
Establishing Employer Liability for Hostile Work Environment Under Title VII: Harsco Corp. v. Renner

Establishing Employer Liability for Hostile Work Environment Under Title VII: Harsco Corp. v. Renner

Date: Feb 1, 2007
Establishing Employer Liability for Hostile Work Environment Under Title VII: Harsco Corp. v. Renner Introduction In Harsco Corporation, dba American Welding Tank v. Shannon K. Renner, 475 F.3d 1179...
Due Process in Prison Segregation: Tenth Circuit Reaffirms Minimal Procedural Protections for Administrative Segregation

Due Process in Prison Segregation: Tenth Circuit Reaffirms Minimal Procedural Protections for Administrative Segregation

Date: Jan 25, 2007
Due Process in Prison Segregation: Tenth Circuit Reaffirms Minimal Procedural Protections for Administrative Segregation Introduction The case of Estate of Miki Ann DiMarco v. Wyoming Department of...
Navigating First Amendment Retaliation Claims Post-Garcetti: Insight from Casey v. West Las Vegas Independent School District

Navigating First Amendment Retaliation Claims Post-Garcetti: Insight from Casey v. West Las Vegas Independent School District

Date: Jan 25, 2007
Navigating First Amendment Retaliation Claims Post-Garcetti: Insight from Casey v. West Las Vegas Independent School District Introduction The case of Barbara Perea Casey and Frank Casey v. West Las...
Procedural Reasonableness in Sentencing: United States v. Hall

Procedural Reasonableness in Sentencing: United States v. Hall

Date: Jan 24, 2007
Procedural Reasonableness in Sentencing: United States v. Hall Introduction United States of America v. Zebedee Hall, 473 F.3d 1295 (10th Cir. 2007), stands as a significant judicial decision...
Credibility Standards in Asylum Appeals: Insights from Alassane Sarr v. Alberto R. Gonzales

Credibility Standards in Asylum Appeals: Insights from Alassane Sarr v. Alberto R. Gonzales

Date: Jan 23, 2007
Credibility Standards in Asylum Appeals: Insights from Alassane Sarr v. Alberto R. Gonzales Introduction Alassane Sarr v. Alberto R. Gonzales is a pivotal case decided by the United States Court of...
Enhancing Procedural Fairness in Sentencing: The Atencio Decision and Rule 32(h) Application

Enhancing Procedural Fairness in Sentencing: The Atencio Decision and Rule 32(h) Application

Date: Jan 18, 2007
Enhancing Procedural Fairness in Sentencing: The Atencio Decision and Rule 32(h) Application Introduction United States of America v. Harris Atencio, 476 F.3d 1099 (10th Cir. 2007), represents a...
Court Affirms EAJA Fee Award When Agency Action Lacks Substantial Justification Despite Reasonable Litigation Position

Court Affirms EAJA Fee Award When Agency Action Lacks Substantial Justification Despite Reasonable Litigation Position

Date: Jan 18, 2007
Court Affirms EAJA Fee Award When Agency Action Lacks Substantial Justification Despite Reasonable Litigation Position Introduction The case of Elizabeth HACKETT v. Jo Anne B. BARNHART, adjudicated...
Affirmation of Conspiracy and Aiding and Abetting Convictions in Pursley v. USA: Implications for Interstate Agreement on Detainers and Double Jeopardy

Affirmation of Conspiracy and Aiding and Abetting Convictions in Pursley v. USA: Implications for Interstate Agreement on Detainers and Double Jeopardy

Date: Jan 12, 2007
Affirmation of Conspiracy and Aiding and Abetting Convictions in Pursley v. USA: Implications for Interstate Agreement on Detainers and Double Jeopardy Introduction In the case of United States of...
Confrontation Clause and Sentencing Guidelines: Insights from United States v. Townley

Confrontation Clause and Sentencing Guidelines: Insights from United States v. Townley

Date: Jan 11, 2007
Confrontation Clause and Sentencing Guidelines: Insights from United States v. Townley 1. Introduction United States v. Rodney Joe Townley, 472 F.3d 1267 (10th Cir. 2007), presents a pivotal...
Affirmation of Strict AEDPA Standards in Habeas Review: Rocky Dale Snow v. Sirmons

Affirmation of Strict AEDPA Standards in Habeas Review: Rocky Dale Snow v. Sirmons

Date: Jan 9, 2007
Affirmation of Strict AEDPA Standards in Habeas Review: Rocky Dale Snow v. Marty Sirmons Introduction Rocky Dale Snow, the petitioner-appellant, challenged his conviction and death sentence for...
Limitations on Mandamus Jurisdiction under 28 U.S.C. § 1361: Excluding Judicial Entities and Clerks

Limitations on Mandamus Jurisdiction under 28 U.S.C. § 1361: Excluding Judicial Entities and Clerks

Date: Jan 6, 2007
Limitations on Mandamus Jurisdiction under 28 U.S.C. § 1361: Excluding Judicial Entities and Clerks Introduction The case of Byron L. TRACKWELL v. UNITED STATES GOVERNMENT, decided on January 5,...
Fleetwood v. Barnhart: Strengthening Criteria for Severe Impairments and RFC in Disability Claims

Fleetwood v. Barnhart: Strengthening Criteria for Severe Impairments and RFC in Disability Claims

Date: Jan 5, 2007
Fleetwood v. Barnhart: Strengthening Criteria for Severe Impairments and RFC in Disability Claims Introduction In the landmark case Lonnita Fleetwood v. Jo Anne B. Barnhart, decided by the United...
Walck v. Edmondson: Tenth Circuit Solidifies Double Jeopardy Protections in Mistrial Scenarios

Walck v. Edmondson: Tenth Circuit Solidifies Double Jeopardy Protections in Mistrial Scenarios

Date: Jan 5, 2007
Walck v. Edmondson: Tenth Circuit Solidifies Double Jeopardy Protections in Mistrial Scenarios Introduction In Walck v. Edmondson, the United States Court of Appeals for the Tenth Circuit addressed...
Reversal of Summary Judgment in Herrera v. Lufkin Industries: A New Precedent for Hostile Work Environment Claims under Title VII

Reversal of Summary Judgment in Herrera v. Lufkin Industries: A New Precedent for Hostile Work Environment Claims under Title VII

Date: Jan 5, 2007
Reversal of Summary Judgment in Herrera v. Lufkin Industries: A New Precedent for Hostile Work Environment Claims under Title VII Introduction In Lewis Herrera v. Lufkin Industries, Inc., 474 F.3d...
Exhaustion of Administrative Remedies under the PLRA: Tenth Circuit Reverses Dismissal in Whittington v. Ortiz et al.

Exhaustion of Administrative Remedies under the PLRA: Tenth Circuit Reverses Dismissal in Whittington v. Ortiz et al.

Date: Jan 4, 2007
Exhaustion of Administrative Remedies under the PLRA: Tenth Circuit Reverses Dismissal in Whittington v. Ortiz et al. Introduction Michael Whittington, a state prisoner, filed a § 1983 action against...
Tenth Circuit Affirming Garcetti: Limits on First Amendment Retaliation Claims for Public Employees

Tenth Circuit Affirming Garcetti: Limits on First Amendment Retaliation Claims for Public Employees

Date: Jan 3, 2007
Tenth Circuit Affirms Garcetti: Limits on First Amendment Retaliation Claims for Public Employees Introduction In Jennifer Green v. Board of County Commissioners, the United States Court of Appeals...
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