10th Circuit Case Commentaries

Reaffirmation of Absolute Immunity for Prosecutors and Restrictions on §1983 Claims Against State Entities

Date: Jan 23, 2010

Reaffirmation of Absolute Immunity for Prosecutors and Restrictions on §1983 Claims Against State Entities Introduction The case of Triginal D. Jackson v. New Mexico Public Defender's Office et al....

Rational Basis Upholds Utah's School District Detachment Statute

Date: Jan 8, 2010

Rational Basis Upholds Utah's School District Detachment Statute Introduction The case of City of Herriman, et al. v. Swensen presents a significant Equal Protection challenge to a Utah statute...

Age Discrimination in Law Enforcement Hiring: Kannady v. City of Krebs Precedent

Date: Jan 7, 2010

Age Discrimination in Law Enforcement Hiring: Kannady v. City of Krebs Precedent Introduction Kannady v. City of Krebs is a pivotal case adjudicated in the United States Court of Appeals for the...

GRAHAM v. HARTFORD LIFE Accident Insurance Co.: Establishing the Limits of ERISA’s Governmental Plan Exemption

Date: Dec 30, 2009

GRAHAM v. HARTFORD LIFE Accident Insurance Co.: Establishing the Limits of ERISA’s Governmental Plan Exemption Introduction Shirley A. Graham v. Hartford Life Accident Insurance Company, 589 F.3d...

Reaffirming Sentencing Discretion: Upholding Below-Guidelines Probation in United States v. Sayad

Date: Dec 23, 2009

Reaffirming Sentencing Discretion: Upholding Below-Guidelines Probation in United States v. Sayad Introduction In United States v. Alfered Sayad, the United States Court of Appeals for the Tenth...

Revisiting the Heck Bar: Tenth Circuit's Landmark Decision in Vasquez v. Starks

Date: Dec 17, 2009

Revisiting the Heck Bar: Tenth Circuit's Landmark Decision in Vasquez v. Starks 1. Introduction In the seminal case of Martin Vasquez Arroyo v. Curtic Starks, Police Officer; Mark Frame, City...

Clarifying Qualified Immunity and Probable Cause Standards in Child Abuse Arrests: Herrera v. City of Albuquerque

Date: Dec 15, 2009

Clarifying Qualified Immunity and Probable Cause Standards in Child Abuse Arrests: Herrera v. City of Albuquerque Introduction Desiree Herrera v. City of Albuquerque; Officer M.L. O'Brien, 589 F.3d...

Essential Job Functions Under the ADA: Insights from HENNAGIR v. Utah Dept. of Corrections

Date: Nov 26, 2009

Essential Job Functions Under the ADA: Insights from HENNAGIR v. Utah Department of Corrections Introduction HENNAGIR v. Utah Department of Corrections, 587 F.3d 1255 (10th Cir. 2009), is a pivotal...

Exhaustion of Administrative Remedies and Free Exercise Claims in Prison Litigation: Gallagher v. Shelton

Date: Nov 25, 2009

Exhaustion of Administrative Remedies and Free Exercise Claims in Prison Litigation: Gallagher v. Shelton Introduction Gallagher v. Shelton, 587 F.3d 1063 (10th Cir. 2009), is a significant appellate...

Affirmation of Retaliation Claim Failure under Garcetti/Pickering in Medical Employment Context

Date: Nov 18, 2009

Affirmation of Retaliation Claim Failure under Garcetti/Pickering in Medical Employment Context Introduction The case of Marvin W. Couch, II, M.D., Plaintiff-Appellant v. Board of Trustees of the...

Claims-Made Insurance Coverage Interpretation: Berry Murphy v. Carolina Casualty

Date: Nov 13, 2009

Claims-Made Insurance Coverage Interpretation: Berry Murphy v. Carolina Casualty Introduction The case of BERRY MURPHY, P.C.; Timothy H. Berry, P.C. v. CAROLINA CASUALTY INSURANCE COMPANY (586 F.3d...

Affirmation of Venue Sufficiency in Conspiracy Cases: United States v. Clive Anthony Hamilton

Date: Nov 6, 2009

Affirmation of Venue Sufficiency in Conspiracy Cases: United States v. Clive Anthony Hamilton Introduction In the case of United States of America v. Clive Anthony Hamilton, 587 F.3d 1199 (10th Cir....

Tenth Circuit Affirms Denial of Qualified Immunity in Excessive Force Case: Rhoads v. Miller (10th Cir. 2009)

Date: Nov 6, 2009

Tenth Circuit Affirms Denial of Qualified Immunity in Excessive Force Case: Rhoads v. Miller (10th Cir. 2009) Introduction The case of Samuel Eugene Rhoads v. Matthew Miller presents a significant...

De Novo Review Applied to ERISA Denials Amid Administrative Delays and Policy Ambiguity

Date: Nov 3, 2009

De Novo Review Applied to ERISA Denials Amid Administrative Delays and Policy Ambiguity Introduction The case of Hans-Gerd Rasenack v. AIG Life Insurance Company adjudicated by the United States...

Riebesell v. Johnson: Non-Dischargeability of Attorney-Client Loans and Federal Post-Judgment Interest Rates

Date: Oct 29, 2009

Riebesell v. Johnson: Non-Dischargeability of Attorney-Client Loans and Federal Post-Judgment Interest Rates Introduction In the case In re Harold Frederick Riebesell, Jr., decided by the United...

Qualified Immunity and Use of Deadly Force: THOMSON v. SALT LAKE COUNTY

Date: Oct 28, 2009

Qualified Immunity and Use of Deadly Force: THOMSON v. SALT LAKE COUNTY Introduction In Amy THOMSON, indi v. Salt Lake County, 584 F.3d 1304 (10th Cir. 2009), the United States Court of Appeals for...

Qualified Immunity and Fourth Amendment Protections: A Comprehensive Commentary on Bowling v. Rector

Date: Oct 27, 2009

Qualified Immunity and Fourth Amendment Protections: A Comprehensive Commentary on Bowling v. Rector Introduction Bowling v. Rector, 584 F.3d 956 (10th Cir. 2009), presents a significant examination...

Implied Waiver of Attorney-Client Privilege in Ineffective Assistance Claims Under Section 2255

Date: Oct 27, 2009

Implied Waiver of Attorney-Client Privilege in Ineffective Assistance Claims Under Section 2255 Introduction In the case of United States of America v. Jeremy Pinson, 584 F.3d 972 (10th Cir. 2009),...

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. White and Richardson

Date: Oct 23, 2009

Affirmation of Reasonable Suspicion in Traffic Stops: United States v. White and Richardson Introduction In the consolidated direct criminal appeals of United States of America v. Marlon A. White,...

Tenth Circuit Reinforces Exhaustion Requirement and Standards for Constructive Discharge in Employment Discrimination Cases

Date: Oct 23, 2009

Tenth Circuit Reinforces Exhaustion Requirement and Standards for Constructive Discharge in Employment Discrimination Cases Introduction The appellate case of Felix Lara v. Unified School District...

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