Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Law enforcement suspected an individual of drug trafficking activity from his home in Oklahoma. Investigators used a confidential informant and GPS tracking of a known methamphetamine dealer’s vehicle, which led them to the suspect’s residence. A search of trash from the property revealed syringes and baggies that tested positive for methamphetamine, along with mail addressed to the suspect. Agents learned the suspect was a member of the Cherokee Nation and had a significant criminal history involving drugs. Because the house was in Indian Country and the suspect’s co-resident was a non-Indian, officers sought warrants from both a tribal and a state judge. The tribal judge issued a warrant based on the initial affidavit, while the state judge initially denied a similar application but later granted one after additional information was provided. Officers executed the search under the tribal warrant and found drugs, paraphernalia, and firearms.In the United States District Court for the Northern District of Oklahoma, the defendant moved to suppress the evidence found during the search, arguing it was the fruit of an unlawful search, and to compel disclosure of the government’s confidential informant. The district court denied suppression, applying the good-faith exception, and also denied the motion to compel after the government stated it would not use the informant or related evidence at trial.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the search was supported by probable cause and that the good-faith exception to the exclusionary rule applied even though the state judge initially denied a similar warrant. The court also found no violation of Federal Rule of Criminal Procedure 41, as the search was not federal in character. Regarding the confidential informant, the appellate court held that the defendant waived his argument about disclosure aiding his suppression hearing, as this was not raised below. The conviction was affirmed. View "United States v. Holt" on Justia Law

In June 2023, Colorado enacted a law prohibiting the purchase, sale, transfer, and possession of unserialized firearms, frames, receivers, and firearm parts kits, as well as the manufacture of firearm frames or receivers by most people. Several individuals and two associations representing Colorado gun owners sued, alleging that the statute infringes their Second Amendment rights. The individual plaintiffs had previously purchased or owned firearm parts kits and intended to continue similar activities but for the new law. The associations represent gun owners in Colorado and were acting on behalf of similarly situated members.The United States District Court for the District of Colorado reviewed the plaintiffs’ motion for a preliminary injunction. It determined that one individual plaintiff had standing to challenge the possession prohibition, but found that the claims relating to future acquisition were not ripe due to an overlapping federal regulation, and that claims challenging the manufacturing prohibition lacked standing because the plaintiffs’ conduct was not covered by that provision. The court denied the preliminary injunction, concluding that the possession prohibition was a presumptively constitutional condition on the commercial sale of firearms that did not implicate the plain text of the Second Amendment.The United States Court of Appeals for the Tenth Circuit reviewed the case. It held that the plaintiff had standing to challenge both the possession and acquisition prohibitions, but not the manufacturing prohibition. The court found that the district court erred in treating the possession prohibition as a condition on commercial sales, since the law regulated possession regardless of how the item was acquired. The Tenth Circuit reversed the district court’s denial of a preliminary injunction as to the possession prohibition, holding that this provision regulates possession, not just commercial sales. The court remanded for further proceedings, directing the district court to address the merits of the acquisition prohibition claim in the first instance. View "National Association for Gun Rights v. Polis" on Justia Law

A United States corporation, serving as the parent of a group of multinational affiliates, devised a series of four transactions in 2018, codenamed “Project Soy,” to exploit a mismatch in the international tax provisions of the 2017 Tax Cuts and Jobs Act. The transactions, planned with the help of tax professionals, were designed to generate artificial earnings and profits, allowing the corporation to avoid global intangible low-taxed income (GILTI) and capital gain taxes on substantial profits from its interest in a foreign subsidiary. The final transaction in the sequence involved the sale of that interest to a related foreign company, with the corporation claiming a large deduction under 26 U.S.C. § 245A.After the Internal Revenue Service issued a regulation to close the exploited loophole, the corporation filed its 2018 tax return in compliance, but subsequently amended the return, arguing the regulation was invalid and claiming a far larger deduction. Before the IRS completed its review, the corporation sued for a tax refund in the United States District Court for the District of Colorado. The district court first ruled the regulation was procedurally invalid, then addressed whether the codified economic substance doctrine in 26 U.S.C. § 7701(o) applied. The corporation admitted the first three steps of Project Soy lacked economic substance but argued the doctrine was irrelevant to its transactions.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s grant of summary judgment de novo. The court held that the economic substance doctrine codified in § 7701(o) applies to transactions designed solely to obtain tax benefits unintended by Congress, even if the transactions comply with the literal terms of the tax code. The court rejected the argument that certain types of “basic business transactions” are categorically exempt. The judgment of the district court, denying the claimed deduction, was affirmed. View "Liberty Global v. United States" on Justia Law

A young man, Terral Ellis II, voluntarily surrendered to the Ottawa County Jail in Oklahoma on an outstanding warrant and was held as a pretrial detainee. Over the course of twelve days, he developed serious medical symptoms, including severe back pain, seizures, and increasing inability to walk or care for himself. Despite repeated complaints from Ellis and visible distress—including pleas for medical help, requests for water, and reports of numbness and discoloration in his legs—jail staff largely failed to provide timely or adequate medical care. The jail nurse and staff often dismissed or mocked Ellis’s complaints, and did not follow jail policies for medical monitoring or emergency care. EMS was called once but did not transport him to the hospital. The next day, as his condition worsened, staff again delayed action. Ellis died from septic shock due to acute bronchopneumonia after finally being taken to a hospital.The Estate of Terral Ellis sued the Sheriff of Ottawa County in his official capacity in the United States District Court for the Northern District of Oklahoma, alleging violation of Ellis’s constitutional right to adequate medical care under the Fourteenth Amendment. After trial, the jury found in favor of the Estate, awarding $33 million in compensatory damages. The district court denied the Sheriff’s post-trial motions for judgment as a matter of law, new trial, remittitur, and reconsideration, and awarded attorneys’ fees and costs to the Estate.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court in full. The main holding was that the evidence supported the jury’s finding that Ottawa County, through the Sheriff’s office, acted with deliberate indifference to Ellis’s serious medical needs as a result of gross deficiencies in policies, training, and supervision. The Tenth Circuit also upheld the jury instructions, evidentiary rulings, the damages award, and the attorneys’ fees award. View "Bond v. Sheriff of Ottawa County" on Justia Law

During demonstrations in Denver protesting police brutality following George Floyd’s death, a police officer shot a pepperball at a protestor, Elisabeth Epps, who was alone, unarmed, and not acting aggressively. The officer fired without warning as Epps crossed a street while recording police on her phone. The pepperball caused physical injury, but Epps complied with police instructions after being shot. The incident was captured on multiple video sources.Epps brought a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the District of Colorado, alleging that the officer’s conduct violated her First and Fourth Amendment rights. Her claims were part of a larger action involving other protestors and the City and County of Denver. The officer moved for summary judgment based on qualified immunity and for a separate trial (bifurcation), but both motions were denied by the district court. At trial, the jury found the officer liable for violating Epps’s Fourth Amendment rights but not her First Amendment rights, awarding her compensatory and punitive damages. The court later reduced the punitive damages, which Epps accepted.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court’s denial of qualified immunity, concluding that Epps’s Fourth Amendment rights were violated under clearly established law because she was not committing a serious crime, posed no threat, and was not fleeing. The appellate court also held that the district court did not abuse its discretion by refusing to bifurcate the trial, and it found sufficient evidence to support punitive damages based on the officer’s conduct and statements. Accordingly, the Tenth Circuit affirmed the verdict and all rulings against the officer. View "Packard v. City and County of Denver" on Justia Law

The dispute arose after the Fort Sill Apache Tribe opened the Warm Springs Casino near Lawton, Oklahoma, in 2022. The Comanche Nation, which operates casinos in the same region, experienced increased competition and claimed that the Warm Springs Casino was opened in violation of federal law. The Comanche Nation sought injunctive relief to halt the casino’s operations and monetary damages against several officials of the Fort Sill Apache Tribe, both in their individual and official capacities.The United States District Court for the Western District of Oklahoma heard the officials’ motion to dismiss, in which the officials argued that tribal sovereign immunity barred the claims against them. The district court denied the officials' motion to dismiss, finding that the officials were not protected by tribal immunity on the claims at issue and that the Tribe was not a required party for the purposes of the lawsuit. The district court’s order also explicitly denied tribal immunity as a defense to the official-capacity Racketeer Influenced and Corrupt Organizations Act (RICO) claim, and implicitly rejected tribal immunity for the Indian Gaming Regulatory Act (IGRA) claim.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s denial of tribal immunity under the collateral-order doctrine. The Tenth Circuit held that IGRA abrogates tribal sovereign immunity for claims brought by an Indian tribe to enjoin class III gaming conducted in violation of a tribal-state compact on Indian lands, allowing the Comanche Nation’s official-capacity IGRA claim to proceed. However, the Tenth Circuit concluded that tribal immunity barred the official-capacity RICO claims because the requirements of the Ex Parte Young exception were not met. The court further held that the officials were not entitled to tribal immunity on the individual-capacity RICO claims. The Tenth Circuit affirmed in part and reversed in part. View "Comanche Nation v. Ware" on Justia Law

An Oklahoma state prisoner filed a civil rights action under 42 U.S.C. § 1983, alleging that two correctional officials at his former facility subjected him to unconstitutional conditions of confinement. The key facts arose after a large influx of inmates in May 2014 led to overcrowding in the prison’s A-South housing unit. As a result, the plaintiff and other inmates faced reduced food portions, occasionally spoiled or contaminated meals, and frequent substitutions due to budget constraints. Additionally, overcrowding led to unsanitary and insufficient toilet and shower facilities, causing inmates to wait extended periods for access, endure overflowing and malfunctioning toilets, and suffer exposure to human waste. The plaintiff asserted that these conditions caused him physical and emotional harm.The United States District Court for the Eastern District of Oklahoma granted summary judgment to the defendants, finding insufficient evidence to support either the inadequate nutrition or the inadequate facilities claims. The court also awarded costs to the defendants. The plaintiff appealed both the merits and the cost award.The United States Court of Appeals for the Tenth Circuit reviewed both appeals. The court affirmed summary judgment for the defendants on the inadequate nutrition claim, holding that, although some food rationing occurred, the plaintiff did not present sufficient evidence of a substantial risk of serious harm or that the officials were deliberately indifferent to his health. However, the Tenth Circuit reversed the summary judgment on the inadequate facilities claim. It held that the plaintiff presented enough evidence for a reasonable jury to find that the conditions in the A-South unit—specifically, exposure to human waste and inadequate access to toilets—were objectively serious and that the defendants were subjectively aware of and disregarded these conditions. The court vacated the cost award and remanded for further proceedings. View "Womble v. Chrisman" on Justia Law

Several New Mexico landowners, holding title to non-navigable streambeds, asserted that they once had the right to exclude the public from walking or wading in these streambeds. They alleged that a recent decision by the New Mexico Supreme Court eliminated this right, amounting to a judicial taking without just compensation in violation of the Fifth Amendment. The relevant background includes longstanding provisions in New Mexico law declaring all natural waters in the state to be public, subsequent proclamations and statutes requiring permission to access private streambeds, and a 2022 New Mexico Supreme Court decision which clarified that the public had a right to walk and wade in the beds of public water crossing private land, so long as such use was reasonably necessary and minimally invasive.The United States District Court for the District of New Mexico dismissed the landowners’ complaint for lack of subject matter jurisdiction. The district court found that the plaintiffs lacked standing because their injuries were not traceable to enforcement by the named state officials, but rather to the New Mexico Supreme Court's decision. The district court also concluded that the claims were barred by sovereign immunity, reasoning that any relief would require payments from the state treasury.On appeal, the United States Court of Appeals for the Tenth Circuit held that the landowners did have standing, as they faced a credible threat of enforcement by the state officials, and their injuries were traceable to those officials and redressable through prospective relief. The Tenth Circuit also determined that sovereign immunity did not bar the claims and that no abstention or jurisdictional doctrine prevented adjudication.Nevertheless, the Tenth Circuit affirmed the dismissal on alternative grounds, holding that the landowners failed to state a claim for a Fifth Amendment taking. The court concluded that the plaintiffs had not demonstrated an established property right to exclude the public from the streambeds, but rather that the New Mexico Supreme Court had merely clarified the scope of the public’s preexisting easement. View "Sanchez v. Torrez" on Justia Law

A man who entered the United States illegally as a teenager from Mexico was later abused and threatened by an older woman, an American citizen, who orchestrated his entry. According to the man, he was held by her associates upon arrival, threatened with harm if he disobeyed, and subjected to years of physical, emotional, and psychological abuse while living with her in Oklahoma. He had some contact with family, but the woman restricted his movements and threatened to harm him or his family if he did not comply. After being arrested and deported in 2013, he was allegedly kidnapped by the same associates, beaten, and brought back to the U.S., where the abuse continued for another decade. In 2023, he escaped, obtained a protective order, and sought counseling, but the woman allegedly continued to harass and threaten him and his family.Following his arrest in 2024 after a domestic incident, he was indicted in the United States District Court for the Northern District of Oklahoma for Unlawful Reentry of a Removed Alien under 8 U.S.C. § 1326. He moved for a jury instruction on the defense of duress, arguing that he was forced to remain in the U.S. under threat of harm. The district court denied his motion, finding insufficient evidence that he lacked reasonable opportunity to escape or that he made a prompt, bona fide effort to surrender to authorities once free from coercion. He entered a conditional guilty plea, reserving his right to appeal the denial of the duress instruction.The United States Court of Appeals for the Tenth Circuit reviewed the district court’s denial for abuse of discretion. The court held that the defendant failed to present sufficient evidence to warrant a duress instruction, as he had reasonable opportunities to escape and did not promptly surrender to authorities once he was no longer under immediate threat. The court affirmed the district court’s judgment. View "United States v. Carpena" on Justia Law

Between 2017 and 2021, a man sexually abused a minor, the daughter of his girlfriend, in various locations within Indian country in Oklahoma. The abuse came to light after the victim reported it to a school counselor, triggering investigations by state, tribal, and federal authorities. The locations of the abuse included areas within the Cherokee and Muscogee (Creek) Reservations.Initially, the State of Oklahoma charged the defendant in state court as a non-Indian, and the Cherokee Nation filed charges against him in tribal court as an Indian for the same conduct. The defendant sought dismissal of the state prosecution, claiming Indian status, and, in the tribal prosecution, claimed he was not an Indian. Subsequently, a federal grand jury indicted him on four counts: two under 18 U.S.C. § 1152 (as a non-Indian defendant with an Indian victim), and two under 18 U.S.C. § 1153 (as an Indian defendant). The defendant moved to dismiss the indictment as multiplicitous or to require the government to elect the theory of prosecution. The United States District Court for the Northern District of Oklahoma denied these motions and allowed the case to proceed to trial, instructing the jury to convict under only one statutory regime, not both.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that there was sufficient evidence for a rational jury to find beyond a reasonable doubt that the victim was an Indian and that the defendant was a non-Indian at the time of the offenses. The court also held that the district court did not abuse its discretion by permitting alternative charges to go to the jury, so long as the instructions prevented multiplicitous convictions. The court affirmed the defendant’s convictions. View "United States v. King" on Justia Law