10th Circuit Case Commentaries

Affirmed: Necessity to Exhaust Bureau of Indian Affairs Procedures for Tribal Recognition Claims

Date: Jun 14, 2001

Affirmed: Necessity to Exhaust Bureau of Indian Affairs Procedures for Tribal Recognition Claims Introduction The case of United Tribe of Shawnee Indians, a United States Treaty Tribe, on our behalf...

Drapeau v. Massanari: Enhanced Standards for Evaluating Listed Impairments in Social Security Cases

Date: Jun 13, 2001

Drapeau v. Massanari: Enhanced Standards for Evaluating Listed Impairments in Social Security Cases Introduction The case of Marlene A. Drapeau v. Larry G. Massanari addresses critical issues in the...

Clarifying Qualified Immunity in Excessive Force Cases: Insights from Ernest Medina v. Cram

Date: Jun 13, 2001

Clarifying Qualified Immunity in Excessive Force Cases: Insights from Ernest Medina v. Cram Introduction The case Ernest Medina v. Michael Cram, adjudicated by the United States Court of Appeals for...

Strengthening Protections Against Retaliatory Termination: The Tenth Circuit's Ruling in Bausman v. Interstate Brands Corp.

Date: Jun 12, 2001

Strengthening Protections Against Retaliatory Termination: The Tenth Circuit's Ruling in Bausman v. Interstate Brands Corp. 1. Introduction The case of Cynthia M. Bausman v. Interstate Brands...

Limits of Habeas Corpus Under 28 U.S.C. § 2241 in Challenging Prisoner Transfers and Conditions: Boyce v. Ashcroft

Date: Jun 5, 2001

Limits of Habeas Corpus Under 28 U.S.C. § 2241 in Challenging Prisoner Transfers and Conditions: Boyce v. Ashcroft Introduction Christopher John Boyce v. John Ashcroft is a significant case...

Martins v. Franklin Capital: Clarifying Diversity Jurisdiction in Class Actions

Date: May 30, 2001

Martins v. Franklin Capital: Clarifying Diversity Jurisdiction in Class Actions Introduction Juana M. Martin and Gerald T. Martin, individually and on behalf of all persons similarly situated,...

Tenth Circuit's Affirmation in United States v. Haber: Defining Schemes to Defraud and Abuse of Trust in Mail and Wire Fraud

Date: May 25, 2001

Tenth Circuit's Affirmation in United States v. Haber: Defining Schemes to Defraud and Abuse of Trust in Mail and Wire Fraud Introduction The case of United States of America v. Avraham Ben-Zion...

Application of 42 U.S.C. § 1997e(e) to First Amendment Claims: SEARLES v. VAN BEBBER

Date: May 15, 2001

Application of 42 U.S.C. § 1997e(e) to First Amendment Claims: SEARLES v. VAN BEBBER Introduction SEARLES v. VAN BEBBER is a pivotal case adjudicated by the United States Court of Appeals, Tenth...

Defining Familial Status in Zoning: Keys Youth Services v. City of Olathe

Date: May 12, 2001

Defining Familial Status in Zoning: Keys Youth Services v. City of Olathe Introduction Keys Youth Services, Inc. v. City of Olathe, Kansas (248 F.3d 1267) is a pivotal case adjudicated by the United...

Affirmation of Summary Judgment in ADA Discrimination Case: Selenke v. Medical Imaging of Colorado

Date: May 11, 2001

Affirmation of Summary Judgment in ADA Discrimination Case: Selenke v. Medical Imaging of Colorado Introduction The case of Rose K. Selenke v. Medical Imaging of Colorado (MIC) examines allegations...

Enhanced Standards for Vehicle Searches: UNITED STATES v. Efrain CARO

Date: May 9, 2001

Enhanced Standards for Vehicle Searches: UNITED STATES v. Efrain CARO Introduction The case of UNITED STATES of America v. Efrain Caro, 248 F.3d 1240 (10th Cir. 2001), presents a pivotal examination...

Reversing Disability Benefits Denial: Enhanced Scrutiny of Substantial Evidence in Child Disability Claims

Date: May 9, 2001

Reversing Disability Benefits Denial: Enhanced Scrutiny of Substantial Evidence in Child Disability Claims Introduction The case of Wendy Briggs, on behalf of Johnny Austin Briggs, a minor,...

Camfield v. City of Oklahoma City: Defining Boundaries of Prior Restraint and Qualified Immunity in Child Pornography Enforcement

Date: May 5, 2001

Camfield v. City of Oklahoma City: Defining Boundaries of Prior Restraint and Qualified Immunity in Child Pornography Enforcement Introduction The case of Michael D. Camfield v. City of Oklahoma...

Establishing Pretext in Workplace Discrimination: English v. Colorado Department of Corrections

Date: Apr 27, 2001

Establishing Pretext in Workplace Discrimination: English v. Colorado Department of Corrections Introduction English v. Colorado Department of Corrections is a landmark case adjudicated by the United...

Rule 19 Mandates Joinder of Indispensable Tribes in Funding Disputes: Citizen Potawatomi Nation v. Norton

Date: Apr 26, 2001

Rule 19 Mandates Joinder of Indispensable Tribes in Funding Disputes: Citizen Potawatomi Nation v. Norton Introduction The case of Citizen Potawatomi Nation v. Gale A. Norton represents a pivotal...

Affirmation of Racial Discrimination Claim under 42 U.S.C. §1981: Hampton v. Dillard Department Stores

Date: Apr 25, 2001

Affirmation of Racial Discrimination Claim under 42 U.S.C. §1981: Hampton v. Dillard Department Stores Introduction In the landmark case of Paula Darlene Hampton and Demetria Cooper v. Dillard...

Tenth Circuit Clarifies Double Jeopardy Limits on § 924(c) Firearm Violations under the Hobbs Act

Date: Apr 19, 2001

Tenth Circuit Clarifies Double Jeopardy Limits on § 924(c) Firearm Violations under the Hobbs Act Introduction The United States Court of Appeals for the Tenth Circuit, in the case of United States...

Restricting Inmate Correspondence: Tenth Circuit Upholds Dismissal in Curley v. Perry

Date: Apr 19, 2001

Restricting Inmate Correspondence: Tenth Circuit Upholds Dismissal in Curley v. Perry Introduction In the case of George Michael Curley v. Rob Perry, Secretary of Corrections, et al., the United...

Collateral Estoppel Precluding Relitigation of Jurisdictional Issues: Matosantos Commercial Corp. v. Applebee's International, Inc.

Date: Apr 17, 2001

Collateral Estoppel Precluding Relitigation of Jurisdictional Issues: Matósantos Commercial Corp. v. Applebee's International, Inc. Introduction In the landmark case of Matosantos Commercial...

United States v. Tisdale: Affirming Good Faith Exception and Discretionary Concurrent Sentencing

Date: Apr 17, 2001

United States v. Tisdale: Affirming Good Faith Exception and Discretionary Concurrent Sentencing Introduction United States v. Bryan E. Tisdale is a notable case decided by the United States Court of...

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