Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit denied a certificate of appealability and dismissed a federal habeas petition because the district court's ruling on the statute of limitations was not reasonably debatable. The court found the one-year filing deadline expired in 2002 and the petitioner's subsequent state filings did not toll the period.
The Tenth Circuit dismissed an appeal from a supervised release revocation and granted counsel's motion to withdraw after finding all potential arguments frivolous. The court affirmed that the district court's findings of assault and no-contact violations were supported by a preponderance of the evidence.
The Tenth Circuit affirmed summary judgment for jail officers in an excessive force claim where the plaintiff failed to prove a specific officer caused a non-de minimis injury. The court also upheld the dismissal of a second lawsuit because the plaintiff failed to serve defendants within the time limits required by the Federal Rules of Civil Procedure.
The Tenth Circuit affirmed the grant of summary judgment for Weiser Security Services, ruling that the plaintiff failed to prove causation in his Title VII retaliation claim. The court held that there was insufficient evidence that the decisionmaker knew of the protected activity or that a biased supervisor used the decisionmaker as a cat's paw.
The Tenth Circuit denied Heriberto Garcia-Rodriguez's request to file a successive habeas corpus motion under 28 U.S.C. § 2255. The court held that newly discovered evidence must undermine the conviction itself, not merely the sentence, to qualify for authorization.
The Tenth Circuit denied a petition for a writ of mandamus filed by Dr. Darrell L. Whitman, ruling that the extraordinary writ cannot substitute for established statutory remedies. The court held that judicial intervention cannot override the Executive Branch's absolute discretion to prosecute crimes or compel specific employment actions.
The Tenth Circuit affirmed the dismissal of a challenge to a Shawnee, Kansas zoning ordinance that limits the number of unrelated people living together. The court held that the ordinance does not violate the Fourteenth Amendment rights to intimate association or equal protection under the controlling precedent of Village of Belle Terre v. Boraas.
The United States Court of Appeals for the Tenth Circuit has dismissed the appeal filed by Jesse Joseph Aich against Reno County Correctional Facility and associated defendants. The dismissal was issued for lack of prosecution, meaning the appellant failed to pursue the case as required by court rules.
The Tenth Circuit affirmed the dismissal of Barry Morphew's civil rights lawsuit, ruling that he failed to plausibly allege a lack of probable cause for his arrest and prosecution. The court held that the arrest affidavit contained sufficient evidence of motive, means, and opportunity to support the murder charges, regardless of the alleged misconduct by investigators.