Every decision we've summarized from United States Court of Appeals for the Tenth Circuit.
The Tenth Circuit denied Erick Wanjiku's request to file a second or successive habeas corpus petition because his claims did not meet the strict statutory exceptions required by federal law. The court emphasized that Wanjiku's own motion admitted his claims failed to rely on a new rule of constitutional law or present previously undiscoverable facts establishing innocence.
The United States Court of Appeals for the Tenth Circuit denied a pro se petition for a writ of mandamus filed by Jarek Huss. The court held that the appropriate remedy for the district court's dismissal was an appeal, not an extraordinary writ.
The Tenth Circuit affirmed summary judgment for Chipotle, ruling that the plaintiff failed to provide sufficient evidence of pretext to support his age discrimination claim under the New Mexico Human Rights Act. The court held that the employer's stated reasons for termination—persistent pest infestations and widespread cleanliness failures—were legitimate and not a cover for age-based discrimination.
The United States Court of Appeals for the Tenth Circuit dismissed this appeal for lack of prosecution. The dismissal was issued pursuant to Tenth Circuit Rule forty-two point one.
The Tenth Circuit denied Venancio Vigil's request for a certificate of appealability because he failed to argue that reasonable jurists could debate the district court's procedural ruling. The court dismissed the appeal without reaching the merits of his claims regarding perjury, evidence tampering, and Brady violations.
The Tenth Circuit reversed the district court's dismissal of Fourth Amendment claims against Colorado Springs police officers, holding that three search warrants executed during a housing-rights march were overbroad and violated clearly established law. The court affirmed the dismissal of claims against the FBI regarding data retention but remanded the remaining claims for further proceedings.
The Tenth Circuit affirmed the dismissal of a federal employee's Title VII claims for failure to exhaust administrative remedies, holding that he missed the mandatory 45-day reporting deadline for most alleged discriminatory acts. While the court upheld the summary judgment against the plaintiff, it remanded one specific issue regarding whether a later dismissal letter could retroactively exhaust an earlier investigation claim.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal filed by Michael Villecco against several Colorado state officials. The dismissal occurred because Villecco failed to file required documents and did not maintain a current address for service of court mail.
The United States Court of Appeals for the Tenth Circuit dismissed an appeal due to a lack of prosecution. The court issued an order stating that the appeal was dismissed pursuant to Tenth Circuit Rule forty-two point one.
The Tenth Circuit affirmed the dismissal of Dr. Vinay Saini’s employment discrimination and retaliation claims, ruling that his complaints were time-barred and failed to state plausible causes of action. The court held that the statute of limitations began running at the time of his termination and that his subsequent discovery of the employer's true reasons did not trigger equitable tolling.