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  • Commentaries
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10th Circuit Case Commentaries

Establishing Limits on Qualified Immunity: Unlawful Arrest and Strip Search under the Fourth Amendment

Establishing Limits on Qualified Immunity: Unlawful Arrest and Strip Search under the Fourth Amendment

Date: Aug 14, 2010
Establishing Limits on Qualified Immunity: Unlawful Arrest and Strip Search under the Fourth Amendment Introduction The case of Daniel N. Stearns v. Floyd E. Clarkson et al. adjudicated by the United...
Successive and Abusive Habeas Corpus Petitions Under 28 U.S.C. §2241: Insights from Rudy Stanko v. Blake Davis

Successive and Abusive Habeas Corpus Petitions Under 28 U.S.C. §2241: Insights from Rudy Stanko v. Blake Davis

Date: Aug 11, 2010
Successive and Abusive Habeas Corpus Petitions Under 28 U.S.C. §2241: Insights from Rudy Stanko v. Blake Davis Introduction The case of Rudy Stanko v. Blake Davis, adjudicated by the United States...
Excessive Force and Fourth Amendment Seizures: Insights from *Brooks v. Gaenzle et al.*, 614 F.3d 1213 (10th Cir. 2010)

Excessive Force and Fourth Amendment Seizures: Insights from *Brooks v. Gaenzle et al.*, 614 F.3d 1213 (10th Cir. 2010)

Date: Aug 11, 2010
Excessive Force and Fourth Amendment Seizures: Insights from Brooks v. Gaenzle et al., 614 F.3d 1213 (10th Cir. 2010) Introduction The case of Keith Clayton Brooks, Jr. v. Steve Gaenzle et al. serves...
Supervisory Liability under 42 U.S.C. § 1983: Insights from Dodds v. Richardson

Supervisory Liability under 42 U.S.C. § 1983: Insights from Dodds v. Richardson

Date: Aug 7, 2010
Supervisory Liability under 42 U.S.C. § 1983: Insights from Dodds v. Richardson Introduction Thomas Carl Dodds, Jr. v. Randy Richardson, Sheriff is a seminal case adjudicated by the United States...
Implied and Express False Certification under the False Claims Act: Enviorecare of Utah, Inc. v. Lemmon

Implied and Express False Certification under the False Claims Act: Enviorecare of Utah, Inc. v. Lemmon

Date: Aug 5, 2010
Implied and Express False Certification under the False Claims Act: Enviorecare of Utah, Inc. v. Lemmon Introduction The case of United States of America, ex rel. Jolene Lemmon v. Envirocare of Utah,...
Affirmation of Disability Determination Under Substantial Evidence: Martinez v. Astrue

Affirmation of Disability Determination Under Substantial Evidence: Martinez v. Astrue

Date: Aug 4, 2010
Affirmation of Disability Determination Under Substantial Evidence: Martinez v. Astrue Introduction Jerry L. Martinez v. Michael J. Astrue, Commissioner of the Social Security Administration is a...
Judicial Standards for Agency Action Under the Administrative Procedure Act: Insights from McKEEN v. USDA

Judicial Standards for Agency Action Under the Administrative Procedure Act: Insights from McKEEN v. USDA

Date: Aug 3, 2010
Judicial Standards for Agency Action Under the Administrative Procedure Act: Insights from McKEEN v. USDA Introduction The case of McKEEN v. United States Forest Service serves as a pivotal...
Tolling of the Statute of Limitations in § 1983 Civil Rights Actions: Insights from Braxton et al. v. Da

Tolling of the Statute of Limitations in § 1983 Civil Rights Actions: Insights from Braxton et al. v. Da

Date: Aug 3, 2010
Tolling of the Statute of Limitations in § 1983 Civil Rights Actions: Insights from Braxton et al. v. Da Introduction In the landmark case of Braxton, Graves, Johnson, and Palececk v. Da, the United...
Affirmation of Fraud Convictions and Integrity of Search Warrant Affidavits in United States v. Mullins and Edwards

Affirmation of Fraud Convictions and Integrity of Search Warrant Affidavits in United States v. Mullins and Edwards

Date: Jul 30, 2010
Affirmation of Fraud Convictions and Integrity of Search Warrant Affidavits in United States v. Mullins and Edwards Introduction In the landmark case of United States v. Mullins and Edwards, the...
Affirmation of Procedural Bar to As-Applied Second Amendment Challenge in United States v. Pope

Affirmation of Procedural Bar to As-Applied Second Amendment Challenge in United States v. Pope

Date: Jul 24, 2010
Affirmation of Procedural Bar to As-Applied Second Amendment Challenge in United States v. Pope Introduction United States of America v. Mark R. Pope, 613 F.3d 1255 (10th Cir. 2010), presents a...
Balancing Criminal Libel and First Amendment Protections in the Digital Era: Mink v. Knox

Balancing Criminal Libel and First Amendment Protections in the Digital Era: Mink v. Knox

Date: Jul 20, 2010
Balancing Criminal Libel and First Amendment Protections in the Digital Era: Mink v. Knox Introduction Thomas Mink v. Susan Knox, 613 F.3d 995, adjudicated by the United States Court of Appeals for...
Affirming State Sovereign Immunity in Tribal Taxation Enforcement: Muscogee (Creek) Nation v. Oklahoma Tax Commission

Affirming State Sovereign Immunity in Tribal Taxation Enforcement: Muscogee (Creek) Nation v. Oklahoma Tax Commission

Date: Jul 10, 2010
Affirming State Sovereign Immunity in Tribal Taxation Enforcement: Muscogee (Creek) Nation v. Oklahoma Tax Commission Introduction The case of Muscogee (Creek) Nation v. Oklahoma Tax Commission...
Affirmation of ESA Section 10(j) Rule in Establishing Nonessential Experimental Populations: Forest Guardians v. USFWS

Affirmation of ESA Section 10(j) Rule in Establishing Nonessential Experimental Populations: Forest Guardians v. USFWS

Date: Jul 8, 2010
Affirmation of ESA Section 10(j) Rule in Establishing Nonessential Experimental Populations: Forest Guardians v. USFWS Introduction Forest Guardians v. United States Fish and Wildlife Service is a...
Immunity Waivers under the New Mexico Tort Claims Act and Section 1983: Comprehensive Dismissal in Lymon v. Aramark

Immunity Waivers under the New Mexico Tort Claims Act and Section 1983: Comprehensive Dismissal in Lymon v. Aramark

Date: Jul 8, 2010
Immunity Waivers under the New Mexico Tort Claims Act and Section 1983: Comprehensive Dismissal in Lymon v. Aramark Introduction The case of Davon Lymon v. Aramark Corporation et al. involves a legal...
Martinez v. Target Corporation: Upholding Exhaustion of Administrative Remedies and Evidentiary Requirements in ADEA Age Discrimination Claims

Martinez v. Target Corporation: Upholding Exhaustion of Administrative Remedies and Evidentiary Requirements in ADEA Age Discrimination Claims

Date: Jul 2, 2010
Martinez v. Target Corporation: Upholding Exhaustion of Administrative Remedies and Evidentiary Requirements in ADEA Age Discrimination Claims Introduction In Martinez v. Target Corporation (384 F....
Establishing Reasonable Suspicion: Comprehensive Analysis of United States v. Simpson

Establishing Reasonable Suspicion: Comprehensive Analysis of United States v. Simpson

Date: Jun 29, 2010
Establishing Reasonable Suspicion: Comprehensive Analysis of United States v. Simpson Introduction United States v. Christopher Wayne Simpson, 609 F.3d 1140 (10th Cir. 2010), presents a critical...
Mandatory Exhaustion of Administrative Remedies and the High Bar for Fraud on the Court: Analysis of THOMAS v. PARKER (10th Cir. 2010)

Mandatory Exhaustion of Administrative Remedies and the High Bar for Fraud on the Court: Analysis of THOMAS v. PARKER (10th Cir. 2010)

Date: Jun 24, 2010
Mandatory Exhaustion of Administrative Remedies and the High Bar for Fraud on the Court: Analysis of THOMAS v. PARKER (10th Cir. 2010) Introduction In the landmark case of THOMAS v. PARKER, decided...
Tenth Circuit Affirms Adequacy of §2255 Motions, Restricts Use of §2241 Habeas Corpus

Tenth Circuit Affirms Adequacy of §2255 Motions, Restricts Use of §2241 Habeas Corpus

Date: Jun 22, 2010
Tenth Circuit Affirms Adequacy of §2255 Motions, Restricts Use of §2241 Habeas Corpus Introduction In the landmark case of Beaux Gordon SINES v. J.M. WILNER, Warden, FCI-Florence, the United States...
Salazar v. United States: Establishing the Precise Moment of Seizure Under the Fourth Amendment

Salazar v. United States: Establishing the Precise Moment of Seizure Under the Fourth Amendment

Date: Jun 22, 2010
Salazar v. United States: Establishing the Precise Moment of Seizure Under the Fourth Amendment Introduction The case of United States v. Salazar, decided by the United States Court of Appeals for...
Strict Standards for Medicaid Lien Allocation in Settlements Established by Tenth Circuit

Strict Standards for Medicaid Lien Allocation in Settlements Established by Tenth Circuit

Date: Jun 18, 2010
Strict Standards for Medicaid Lien Allocation in Settlements Established by Tenth Circuit Introduction The case of Stacy Price and Chad James v. Dale E. Wolford, D.O., et al. revolves around the...
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