10th Circuit Case Commentaries

Tenth Circuit: A Public Library May Prohibit Displayed Signs Indoors as a Content-Neutral Time, Place, and Manner Restriction; “Chilled Speech” Standing Requires Subjective Deterrence

Date: Jul 24, 2026

Tenth Circuit: A Public Library May Prohibit Displayed Signs Indoors as a Content-Neutral Time, Place, and Manner Restriction; “Chilled Speech” Standing Requires Subjective Deterrence Introduction...

Tenth Circuit: No Sua Sponte Competency Exam Absent Reason to Doubt; No Ineffective-Assistance Claim Against Standby Counsel Where Defendant Controls Defense

Date: Jul 22, 2026

Tenth Circuit: No Sua Sponte Competency Exam Absent Reason to Doubt; No Ineffective-Assistance Claim Against Standby Counsel Where Defendant Controls Defense 1. Introduction In United States v. Egli...

Plain-Error Relief Denied When Permissible Factors Independently Support a Vulnerable-Victim Enhancement

Date: Jul 22, 2026

Plain-Error Relief Denied When Permissible Factors Independently Support a Vulnerable-Victim Enhancement 1. Introduction United States v. Moss (10th Cir. July 20, 2026) addresses how appellate courts...

18 U.S.C. § 1519 Reaches Intentional Bodycam/Dashcam Deactivation That Creates a Misleadingly Incomplete Official Record

Date: Jul 21, 2026

18 U.S.C. § 1519 Reaches Intentional Bodycam/Dashcam Deactivation That Creates a Misleadingly Incomplete Official Record I. Introduction In United States v. Smith (10th Cir. July 20, 2026), the Tenth...

Ward v. National Credit Systems: “Objectively and Readily Verifiable” Inaccuracy as a Prima Facie Element of Furnisher § 1681s-2(b) Claims

Date: Jul 21, 2026

Ward v. National Credit Systems: “Objectively and Readily Verifiable” Inaccuracy as a Prima Facie Element of Furnisher § 1681s-2(b) Claims Court: United States Court of Appeals for the Tenth Circuit...

Peer Racial Harassment and Equal Protection: Deliberate Indifference by School Officials Is Clearly Established (Tenth Circuit)

Date: Jul 21, 2026

Peer Racial Harassment and Equal Protection: Deliberate Indifference by School Officials Is Clearly Established (Tenth Circuit) 1. Introduction Wilson v. Stoltenberg (10th Cir. July 17, 2026)...

Maccagnan v. Cherry Creek School District No. 5: No Due-Process Property Interest for Colorado Principals on One-Year Contracts; Equal Pay Act Pretext Not an Element; Comparator Proof Turns on the Decisionmaker Who Caused the Differential Treatment

Date: Jul 20, 2026

Maccagnan v. Cherry Creek School District No. 5: No Due-Process Property Interest for Colorado Principals on One-Year Contracts; Equal Pay Act Pretext Not an Element; Comparator Proof Turns on the...

McCray v. Collins: Firm Waiver, Discrete-Act Exhaustion, and Decisionmaker-Knowledge as Gatekeepers for Title VII Disparate-Treatment and Retaliation Claims

Date: Jul 18, 2026

McCray v. Collins: Firm Waiver, Discrete-Act Exhaustion, and Decisionmaker-Knowledge as Gatekeepers for Title VII Disparate-Treatment and Retaliation Claims I. Introduction In McCray v. Collins (10th...

Hulett v. Foster (10th Cir. 2026): Discretionary Denial of Late-Appeal Relief Under FRAP 4(a)(5) and 4(a)(6)

Date: Jul 18, 2026

Discretionary Denial of Late-Appeal Relief: Sporadic E-Filing Undercuts “Excusable Neglect,” and FRAP 4(a)(6) Reopening Remains Permissive 1. Introduction Case: Hulett v. Foster, No. 26-3035 (10th...

Monell Deliberate Indifference Requires Notice of a Pattern of Nonconsensual Guard–Inmate Sexual Abuse (Not Merely Policy/Criminal Misconduct)

Date: Jul 18, 2026

Monell Deliberate Indifference Requires Notice of a Pattern of Nonconsensual Guard–Inmate Sexual Abuse (Not Merely Policy/Criminal Misconduct) Introduction Harden v. Hedgecock (10th Cir. July 14,...

Oklahoma Rule 5.2(A) Waiver as an Independent and Adequate State Ground Barring Federal Habeas Review (Absent Cause/Prejudice or Actual Innocence)

Date: Jul 18, 2026

Oklahoma Rule 5.2(A) Waiver as an Independent and Adequate State Ground Barring Federal Habeas Review (Absent Cause/Prejudice or Actual Innocence) Introduction Cray v. Cultrera is a nonprecedential...

White v. Bowling: Expert Causation Proof Required for Jail-Delay Death Claims Amid Intervening Hospital Care; Systemic Monell Liability Still Requires a Constitutional Violation

Date: Jul 18, 2026

White v. Bowling: Expert Causation Proof Required for Jail-Delay Death Claims Amid Intervening Hospital Care; Systemic Monell Liability Still Requires a Constitutional Violation Court: United States...

18 U.S.C. § 4042(d) Exempts Only Military or Naval Prisons: BOP Discipline Authority in Federal Institutions Affirmed

Date: Jul 18, 2026

18 U.S.C. § 4042(d) Exempts Only Military or Naval Prisons: BOP Discipline Authority in Federal Institutions Affirmed 1. Introduction Davis v. Baysore (10th Cir. July 16, 2026) addresses a recurring...

21 U.S.C. § 844(c) Requires the Categorical Approach—But Unsettled Circuit Law Defeats Plain-Error Relief

Date: Jul 16, 2026

21 U.S.C. § 844(c) Requires the Categorical Approach—But Unsettled Circuit Law Defeats Plain-Error Relief I. Introduction In United States v. Arnett (10th Cir. July 14, 2026), the Tenth Circuit...

Minimum Contacts in One-Off Service Contracts: Unsworn Brief “Facts,” Choice-of-Law Clauses, and In-State Injury Do Not Create Specific Jurisdiction

Date: Jul 16, 2026

Minimum Contacts in One-Off Service Contracts: Unsworn Brief “Facts,” Choice-of-Law Clauses, and In-State Injury Do Not Create Specific Jurisdiction 1. Introduction ERC Specialists, LLC v....

Cordova v. Textron Aviation: Record-Contradicted “Deception” Claims and Appellate Briefing Duties Cannot Salvage Summary Judgment

Date: Jul 16, 2026

Cordova v. Textron Aviation: Record-Contradicted “Deception” Claims and Appellate Briefing Duties Cannot Salvage Summary Judgment 1. Introduction In Cordova v. Textron Aviation, Inc. (10th Cir. July...

No Plain Error from “Elements Met” Nexus-Expert Testimony Under Rules 704(b)/403; § 922(g)(1) As-Applied Challenges Foreclosed by Vincent v. Bondi

Date: Jul 16, 2026

No Plain Error from “Elements Met” Nexus-Expert Testimony Under Rules 704(b)/403; § 922(g)(1) As-Applied Challenges Foreclosed by Vincent v. Bondi Document status: The Tenth Circuit designated this...

Tenth Circuit: “Establishment-Claim” Lanham Act Liability for a Competitor’s Website Links and Vet-Education Materials—But Not for Independent Vets’ and Nonprofits’ Public Scientific Speech Absent Quid Pro Quo

Date: Jul 16, 2026

Tenth Circuit: “Establishment-Claim” Lanham Act Liability for a Competitor’s Website Links and Vet-Education Materials—But Not for Independent Vets’ and Nonprofits’ Public Scientific Speech Absent...

Hostile Work Environment in the Tenth Circuit: Discrete, Independently Actionable Acts May Be Part of the “Single Unlawful Employment Practice”

Date: Jul 16, 2026

Hostile Work Environment in the Tenth Circuit: Discrete, Independently Actionable Acts May Be Part of the “Single Unlawful Employment Practice” I. Introduction In Sharpe-Miller v. Walmart, Inc. (10th...

Vann v. Fewell: Perfunctory Exhaustion Briefing Forfeits Review; Body-Camera Video and “Malingering” Inferences Sustain Qualified Immunity in Pretrial-Detention Force/Medical-Care Claims

Date: Jul 15, 2026

Vann v. Fewell: Perfunctory Exhaustion Briefing Forfeits Review; Body-Camera Video and “Malingering” Inferences Sustain Qualified Immunity in Pretrial-Detention Force/Medical-Care Claims 1....