Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit affirmed the district court's judgment, holding that the codified economic substance doctrine applies to complex tax-avoidance schemes even when they mechanically comply with the tax code. The court ruled that Liberty Global's 'Project Soy' lacked economic substance and business purpose, disallowing the claimed tax deductions.
The Tenth Circuit denied a petition for review of a Board of Immigration Appeals order rejecting asylum and Convention Against Torture claims based on forced abortion allegations. The court upheld the agency's adverse credibility finding and exclusion of medical evidence due to inconsistencies in the petitioners' testimony and lack of authentication.
The Tenth Circuit affirmed Maurice Lacey's conviction for firearm possession, ruling that the district court did not clearly err in finding him mentally competent to stand trial. The appellate court determined that a second psychological evaluation, which found the defendant alert and knowledgeable, outweighed conflicting evidence regarding his delusions.
The Tenth Circuit affirmed a jury verdict finding a Denver police officer liable for excessive force, rejecting his qualified immunity claim because clearly established law prohibited using pepperballs on peaceful, unarmed protesters without warning. The court also upheld the denial of a bifurcation motion and the punitive damages award, confirming that the officer acted with reckless indifference to the plaintiff's constitutional rights.
The Tenth Circuit denied Gary Lowe's request for a certificate of appealability, finding that reasonable jurists could not view the district court's denial as debatable or wrong. The court concluded that Lowe's claims of judicial bias and ineffective assistance of counsel lacked merit due to a lack of transcript support and a misunderstanding of local rules.
The Tenth Circuit affirmed the denial of a duress jury instruction in a prosecution for unlawful reentry, holding that the defendant failed to prove he lacked a reasonable opportunity to escape his abuser. The court ruled that the defendant's evidence did not satisfy the statutory elements required for the defense under 8 U.S.C. § 1326.
The Tenth Circuit affirmed summary judgment against Katrina Robinson, holding she lacked Article III standing under the Fair Housing Act because her injury was not fairly traceable to the defendant's actions. Consequently, the court declined to exercise supplemental jurisdiction over her state law claims, leaving the district court's dismissal of all claims intact.
The United States Court of Appeals for the Tenth Circuit affirmed in part and reversed in part a district court order denying tribal sovereign immunity in a dispute over casino operations.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal in part as moot and affirmed the dismissal of federal civil rights claims against state court officials and legal aid attorneys. The court held that the legal aid defendants were not state actors and that the judicial defendants were immune from injunctive relief under Section nineteen eighty-three.
The Tenth Circuit denied Frontier Airlines' petition for review of a TSA order requiring the carrier to remit unpaid security service fees on cancelled tickets. The court held that the Aviation and Transportation Security Act obligates airlines to collect and remit fees regardless of whether passengers ultimately travel, and that expired travel credits do not constitute valid refunds.