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  • Commentaries
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10th Circuit Case Commentaries

Affirmation of Excessive Force Claims under the Fourth Amendment: Zia Trust Co. v. Montoya

Affirmation of Excessive Force Claims under the Fourth Amendment: Zia Trust Co. v. Montoya

Date: Mar 10, 2010
Affirmation of Excessive Force Claims under the Fourth Amendment: Zia Trust Co. v. Montoya Introduction The case of Zia Trust Company, as Personal Representative of Dylan Causey, Minor Son of Jodie...
Qualified Immunity and Retaliation Claims in McBeth v. Himes: A Comprehensive Analysis

Qualified Immunity and Retaliation Claims in McBeth v. Himes: A Comprehensive Analysis

Date: Mar 9, 2010
Qualified Immunity and Retaliation Claims in McBeth v. Himes: A Comprehensive Analysis Introduction McBeth v. Himes, 598 F.3d 708 (10th Cir. 2010), addresses the complex interplay between qualified...
Dismissal of Pro Se Prisoners’ Appeals as Frivolous and Moot under 28 U.S.C. § 1915

Dismissal of Pro Se Prisoners’ Appeals as Frivolous and Moot under 28 U.S.C. § 1915

Date: Mar 4, 2010
Dismissal of Pro Se Prisoners’ Appeals as Frivolous and Moot under 28 U.S.C. § 1915 Introduction In the case of Keith V. Menefee and Dustin S. Blevins v. Roger Werholtz et al., the United States...
Affirmation of Effective Assistance of Counsel Standards in Conspiracy Withdrawal Defense: UNITED STATES v. GONZALEZ

Affirmation of Effective Assistance of Counsel Standards in Conspiracy Withdrawal Defense: UNITED STATES v. GONZALEZ

Date: Mar 3, 2010
Affirmation of Effective Assistance of Counsel Standards in Conspiracy Withdrawal Defense Introduction United States of America v. Dennis Emerson Gonzalez, 596 F.3d 1228 (10th Cir. 2010), presents a...
Thorpe v. Ancell: Reinforcing Standards for Awarding Attorneys' Fees under 42 U.S.C. §1988(b)

Thorpe v. Ancell: Reinforcing Standards for Awarding Attorneys' Fees under 42 U.S.C. §1988(b)

Date: Feb 27, 2010
Thorpe v. Ancell: Reinforcing Standards for Awarding Attorneys' Fees under 42 U.S.C. §1988(b) Introduction In the case of Robert Paul Thorpe; Maria Elizabeth Thorpe v. Stanley Ancell et al., the...
BIXLER et al. v. Foster et al.: Affirmation of RICO Standing and PSLRA Implications

BIXLER et al. v. Foster et al.: Affirmation of RICO Standing and PSLRA Implications

Date: Feb 23, 2010
BIXLER et al. v. Foster et al.: Affirmation of RICO Standing and PSLRA Implications Introduction BIXLER et al. v. Foster et al. is a pivotal case adjudicated by the United States Court of Appeals for...
Confrontation Clause and Hearsay: A Detailed Analysis of United States v. Gerardo Lopez-Medina

Confrontation Clause and Hearsay: A Detailed Analysis of United States v. Gerardo Lopez-Medina

Date: Feb 20, 2010
Confrontation Clause and Hearsay: A Detailed Analysis of United States v. Gerardo Lopez-Medina Introduction The case of United States v. Gerardo Lopez-Medina (596 F.3d 716) presents a significant...
Affirmation of Garcetti/Pickering Framework in Retaliation Claims: Rohrbough v. University of Colorado Hospital

Affirmation of Garcetti/Pickering Framework in Retaliation Claims: Rohrbough v. University of Colorado Hospital

Date: Feb 20, 2010
Affirmation of Garcetti/Pickering Framework in Retaliation Claims: Rohrbough v. University of Colorado Hospital Introduction In Rohrbough v. University of Colorado Hospital Authority, the United...
Extension of Statute of Limitations Upon Federal Removal: Wallace v. Microsoft

Extension of Statute of Limitations Upon Federal Removal: Wallace v. Microsoft

Date: Feb 19, 2010
Extension of Statute of Limitations Upon Federal Removal: Wallace v. Microsoft Introduction The case of Peter M. Wallace v. Microsoft Corporation, heard by the United States Court of Appeals for the...
Exhaustion of Administrative Remedies in Habeas Corpus Petitions: Garza v. Davis Analysis

Exhaustion of Administrative Remedies in Habeas Corpus Petitions: Garza v. Davis Analysis

Date: Feb 18, 2010
Exhaustion of Administrative Remedies in Habeas Corpus Petitions: Garza v. Davis Analysis Introduction Garza v. Davis is a pivotal case adjudicated by the United States Court of Appeals for the Tenth...
Seltzer v. United States: Affirming the Right to a Speedy Trial

Seltzer v. United States: Affirming the Right to a Speedy Trial

Date: Feb 18, 2010
Seltzer v. United States: Affirming the Right to a Speedy Trial 1. Introduction The case of United States of America v. Andy Eugene Seltzer, adjudicated by the United States Court of Appeals for the...
Reinhardt v. Albuquerque Public Schools: Expanding Protections for Employee Advocacy under Section 504 and the First Amendment

Reinhardt v. Albuquerque Public Schools: Expanding Protections for Employee Advocacy under Section 504 and the First Amendment

Date: Feb 17, 2010
Reinhardt v. Albuquerque Public Schools: Expanding Protections for Employee Advocacy under Section 504 and the First Amendment Introduction Reinhardt v. Albuquerque Public Schools is a landmark case...
Procedural Default and AKE v. OKLAHOMA Claims: Comprehensive Analysis of Alverson v. Workman (595 F.3d 1142)

Procedural Default and AKE v. OKLAHOMA Claims: Comprehensive Analysis of Alverson v. Workman (595 F.3d 1142)

Date: Feb 17, 2010
Procedural Default and AKE v. OKLAHOMA Claims: Comprehensive Analysis of Alverson v. Workman (595 F.3d 1142) Introduction Alverson v. Workman is a pivotal case heard by the United States Court of...
Establishing Causation and Hearsay Exceptions in Financial Fraud: United States v. Lewis and Schmidt

Establishing Causation and Hearsay Exceptions in Financial Fraud: United States v. Lewis and Schmidt

Date: Feb 13, 2010
Establishing Causation and Hearsay Exceptions in Financial Fraud: United States v. Lewis and Schmidt Introduction In the case of United States of America, Plaintiff-Appellee, v. Charles Lewis and...
10th Circuit Establishes Exception to Firm Waiver Rule for Pro Se Litigants in Civil-Rights Claims

10th Circuit Establishes Exception to Firm Waiver Rule for Pro Se Litigants in Civil-Rights Claims

Date: Feb 10, 2010
10th Circuit Establishes Exception to Firm Waiver Rule for Pro Se Litigants in Civil-Rights Claims Introduction Overview of the Case The case of Jorge Casanova v. Warden Robert Ulibarri, decided by...
Affirmation of Summary Judgment in Johnson v. Weld County: Upholding Discrimination Standards

Affirmation of Summary Judgment in Johnson v. Weld County: Upholding Discrimination Standards

Date: Feb 9, 2010
Affirmation of Summary Judgment in Johnson v. Weld County: Upholding Discrimination Standards Introduction In the case of Margee Johnson v. Weld County, Colorado, adjudicated on February 8, 2010, the...
Affirmation of Class Certification in Foster Care §1983 Action: Stricklin v. Oklahoma Commission for Human Services

Affirmation of Class Certification in Foster Care §1983 Action: Stricklin v. Oklahoma Commission for Human Services

Date: Feb 9, 2010
Affirmation of Class Certification in Foster Care §1983 Action: Stricklin v. Oklahoma Commission for Human Services Introduction In Stricklin et al. v. Oklahoma Commissioners for Human Services, the...
Federal Preemption of Oklahoma's Employment Verification Provisions: Analysis of Chambers v. Edmondson

Federal Preemption of Oklahoma's Employment Verification Provisions: Analysis of Chambers v. Edmondson

Date: Feb 3, 2010
Federal Preemption of Oklahoma's Employment Verification Provisions: Analysis of Chambers v. Edmondson Introduction The case of Chambers of Commerce of the United States of America, Oklahoma State...
Affirming Oklahoma § 1443.1 Privilege in Defamation Suits Against Public Officials for Published Statements

Affirming Oklahoma § 1443.1 Privilege in Defamation Suits Against Public Officials for Published Statements

Date: Feb 2, 2010
Affirming Oklahoma § 1443.1 Privilege in Defamation Suits Against Public Officials for Published Statements Introduction The case of William N. Peterson; Gary Rogers; Melvin R. Hett v. John Grisham...
Qualified Immunity Affirmed in Viewpoint Discrimination Case

Qualified Immunity Affirmed in Viewpoint Discrimination Case

Date: Jan 28, 2010
Qualified Immunity Affirmed in Viewpoint Discrimination Case Introduction In Leslie Weise and Alex Young v. Michael Casper et al., the United States Court of Appeals for the Tenth Circuit addressed...
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