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

Christopher Kee was convicted of assault with a dangerous weapon in Indian country following an altercation with his then-girlfriend, Candace Chinchillas, in April 2020. The couple had a tumultuous relationship marked by excessive drinking and mutual accusations of abuse. Kee claimed that the stabbing incident was an act of self-defense, while Chinchillas described it as a violent attack. Kee was acquitted of three other counts of assault, which had more corroborative evidence, but was convicted on Count 2, which relied heavily on the conflicting testimonies of Kee and Chinchillas.The United States District Court for the District of New Mexico presided over Kee's trial. Kee did not object during the trial to the prosecution's use of his post-Miranda silence to impeach his testimony. After being convicted and sentenced, Kee filed a timely appeal, arguing that his due process rights were violated under Doyle v. Ohio, which prohibits the use of a defendant's post-Miranda silence for impeachment purposes.The United States Court of Appeals for the Tenth Circuit reviewed Kee's appeal. The court agreed with Kee that the prosecution's repeated references to his post-Miranda silence constituted a clear violation of Doyle. The court applied the plain error review standard, which requires showing that the error was plain, affected substantial rights, and seriously affected the fairness, integrity, or public reputation of judicial proceedings. The court found that the Doyle violation affected Kee's substantial rights because the case hinged on the credibility of Kee and Chinchillas, and the improper impeachment could have influenced the jury's verdict.The Tenth Circuit vacated Kee's conviction and sentence and remanded the case for further proceedings consistent with its opinion. View "United States v. Kee" on Justia Law

A deputy sheriff from Doña Ana County, New Mexico, fatally shot Diego Eguino-Alcala during a standoff. The personal representative of Eguino-Alcala’s estate (the “Estate”) filed a lawsuit alleging excessive force and municipal liability under 42 U.S.C. § 1983, along with state-law claims. The district court granted summary judgment in favor of Deputy Sheriff Arturo Ortega, awarding him qualified immunity and dismissing the federal claims against him and the Board of County Commissioners of Doña Ana County. The Estate appealed.The United States District Court for the District of New Mexico found that Deputy Ortega’s use of deadly force was reasonable under the circumstances. The court emphasized that Eguino-Alcala’s sudden movement, which appeared to be a draw-like motion, caused Deputy Ortega to reasonably perceive an immediate and lethal threat. The court also concluded that Deputy Ortega’s actions did not violate clearly established law, thus granting him qualified immunity.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s decision. The appellate court agreed that Deputy Ortega’s use of deadly force was reasonable, given the totality of the circumstances. The court noted that Eguino-Alcala’s failure to comply with commands, his sudden movement, and the information that he might be armed justified the deputy’s actions. The court concluded that the Estate failed to provide sufficient evidence to create a genuine dispute of material fact regarding the reasonableness of the use of force. Consequently, the Tenth Circuit upheld the summary judgment and the dismissal of the § 1983 claims. View "Alcala v. Ortega" on Justia Law

Amelia Baca, a 75-year-old woman with dementia, was fatally shot by Officer Jared Cosper in Las Cruces, New Mexico. On April 16, 2022, Baca's daughter called 911, reporting that Baca had become aggressive and threatened to kill her and her daughter. Officer Cosper, who was nearby, responded to the call. Upon arrival, he saw Baca holding knives and ordered her to drop them. Baca did not comply and took two slow steps towards Cosper, who then shot her twice, resulting in her death.The Estate of Amelia Baca filed a complaint in the United States District Court for the District of New Mexico, alleging that Officer Cosper used excessive force in violation of the Fourth Amendment. The district court granted summary judgment in favor of Cosper on qualified immunity grounds, concluding that the Estate had not raised a genuine dispute of material fact regarding Cosper's perception of an immediate threat.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court concluded that the district court erred in granting summary judgment. Viewing the evidence in the light most favorable to the Estate, the Tenth Circuit determined that a reasonable jury could find a Fourth Amendment excessive-force violation. The court also held that such a violation was clearly established under controlling law at the time of the shooting. Consequently, the Tenth Circuit reversed the district court's grant of summary judgment and remanded the case for further proceedings. View "Baca v. Cosper" on Justia Law

Jason Waterhouse, high on methamphetamine, barricaded himself in his sister's basement and started a fire when Lakewood Police Department officers arrived. After an hour of failed negotiations, seven officers entered the basement to extract him and locate the fire. Sergeant Marc Direzza, providing lethal cover, was among the last two officers in the basement when Waterhouse burst out of a bedroom and rushed towards them. Another officer fired a beanbag shotgun, and Direzza fired his pistol, killing Waterhouse with a shot to the back.The Estate of Jason Waterhouse filed a Fourth Amendment excessive-force claim under 42 U.S.C. § 1983 in the United States District Court for the District of Colorado. The district court granted summary judgment in favor of Sergeant Direzza, concluding he was entitled to qualified immunity. The court found that Direzza's use of lethal force was reasonable under the circumstances and did not violate clearly established law. The district court also dismissed a state-law wrongful-death claim without prejudice.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's summary judgment, holding that Sergeant Direzza was entitled to qualified immunity. The court determined that Direzza's use of lethal force was objectively reasonable given the dangerous circumstances, including the fire and smoke, and the perceived threat posed by Waterhouse. The court also affirmed the dismissal of the wrongful-death claim, as it was contingent on the outcome of the excessive-force claim. View "Estate of Jason Waterhouse v. Direzza" on Justia Law

A transgender woman, Darlene Griffith, filed a civil rights lawsuit regarding her pretrial confinement at the El Paso County Jail in Colorado. She alleged that the jail's policies, which assigned housing based on genitalia and denied her access to female clothing and products, violated her constitutional rights and the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The district court dismissed her complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), leading to this appeal.The United States District Court for the District of Colorado dismissed Ms. Griffith’s complaint, concluding that she failed to state a plausible claim for relief. The court applied rational-basis review to her Equal Protection claim, finding that transgender individuals are not a protected class under existing precedent. The court also dismissed her ADA and Rehabilitation Act claims for lack of subject matter jurisdiction, as she did not properly name the county as a defendant according to state law requirements.The United States Court of Appeals for the Tenth Circuit reviewed the case and concluded that remand was required for some of Ms. Griffith’s claims. The court reversed and remanded for further proceedings on her Fourteenth Amendment Equal Protection claim against Sheriff Elder in his official capacity, her Fourth and Fourteenth Amendment cross-gender search claims against Sheriff Elder in his official capacity, and her Fourth Amendment abusive search claim against Deputy Mustapick. The court vacated the district court’s order dismissing Ms. Griffith’s ADA and Rehabilitation Act claims under Rule 12(b)(6) because those claims were dismissed without prejudice for lack of subject matter jurisdiction under Rule 12(b)(1), and that ruling was unchallenged on appeal. The court otherwise affirmed the district court’s dismissal of the remaining claims. View "Griffith v. El Paso County, Colorado" on Justia Law

Savanaha Works, a former inmate at Pushmataha County jail in Oklahoma, filed a 42 U.S.C. § 1983 action against detention officer Timothy Byers, alleging that he violated her Eighth Amendment rights by sexually assaulting her. The incident occurred on November 13, 2017, when Byers ordered Works to the laundry room, where he coerced her into pulling down her pants and then sexually assaulted her. Works expressed her lack of consent during the encounter and later told her cellmate that the incident "wasn't cool." The incident was captured on a security camera.The United States District Court for the Eastern District of Oklahoma denied Byers' motion for summary judgment based on qualified immunity. Byers appealed the decision, arguing that the district court incorrectly placed the burden of proof on him to establish consent and that the video evidence showed Works consented to the sexual act.The United States Court of Appeals for the Tenth Circuit reviewed the case de novo and determined that the district court erred by shifting the burden of proof to Byers. The appellate court held that the burden remains on the plaintiff to establish non-consent in sexual abuse cases. The court found that Works presented sufficient evidence, including her verbal rejections and the inherently coercive nature of the prison environment, to show that a reasonable jury could find the sexual act was nonconsensual. Additionally, Byers' invocation of the Fifth Amendment right against self-incrimination further supported Works' claim of non-consent.The Tenth Circuit concluded that Byers' conduct violated Works' clearly established Eighth Amendment rights, as precedent clearly establishes that nonconsensual sexual assault by a prison guard constitutes cruel and unusual punishment. The court affirmed the district court's denial of qualified immunity for Byers. View "Harden v. Byers" on Justia Law

Marci Walkingstick Dixon, a Native American woman and member of the Cherokee Nation, worked at Northeastern State University (NSU) in the Information Technology Services Department. After being supervised by Dr. Richard Reif, she reported experiencing discriminatory comments and actions based on her race and sex. Following her complaint to NSU's Title IX officer, she faced increased hostility from Dr. Reif. In 2018, after a dispute over compensatory time and subsequent reprimand, she formally complained about a hostile work environment. NSU then began characterizing her time report as falsified and eventually terminated her employment, citing poor job performance and improper timekeeping.The United States District Court for the Eastern District of Oklahoma granted summary judgment in favor of NSU and Dr. Reif on Dixon's claims of Title VII sex and race discrimination, Title VII retaliation, and FMLA retaliation. The court found that Dixon failed to establish a prima facie case of discrimination or retaliation and could not show that NSU's reasons for her termination were pretextual. The court also concluded that Dr. Reif was not Dixon's employer under the FMLA.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court reversed the district court's summary judgment on Dixon's Title VII sex and race discrimination claims and her Title VII retaliation claim, finding that she had established a prima facie case and presented sufficient evidence of pretext. However, the court affirmed the summary judgment in favor of Dr. Reif on the FMLA retaliation claim, agreeing with the lower court's application of the economic reality test to determine that Dr. Reif was not Dixon's employer under the FMLA. View "Dixon v. Regional University System of the Oklahoma Board" on Justia Law

Grace Smith, a high school junior, was repeatedly suspended from Laramie High School for refusing to comply with a COVID-19 indoor-mask mandate imposed by the Albany County School District No. 1 Board of Trustees. After her suspensions, she was arrested for trespassing on school grounds. Grace and her parents, Andy and Erin Smith, filed a lawsuit in the United States District Court for the District of Wyoming against the Board members, the superintendent, and the principal, alleging violations of Grace’s constitutional rights and state law claims.The district court dismissed the federal claims for lack of jurisdiction, ruling that Grace did not suffer an injury in fact necessary for standing. The court reasoned that her injuries were hypothetical because the mask mandate had expired and she was no longer a student at LHS, and that her injuries were self-inflicted. The court declined to exercise supplemental jurisdiction over the state-law claims.The United States Court of Appeals for the Tenth Circuit reviewed the dismissal de novo and reversed the district court’s decision. The appellate court held that Grace had standing to bring her claims because she suffered concrete and particularized injuries from the enforcement of the mask mandate, including suspensions and arrest. The court found that her injuries were directly inflicted by the defendants’ actions and were not self-inflicted. The case was remanded for further proceedings consistent with the appellate court’s opinion. View "Smith v. Albany County School District No. 1" on Justia Law

In March 2019, a group of teenage boys entered a vacant house in a high-crime neighborhood to play with BB guns. A concerned neighbor called 911, reporting several Black men entering the house, one of whom had dreads and was carrying a gun. Officer Kyle Holcomb and his colleague responded to the call. Shortly after arriving, Holcomb shot and injured 14-year-old Lorenzo Clerkley, who was unarmed and had his hands up. Clerkley sued Holcomb under 42 U.S.C. § 1983 for violating his Fourth Amendment right to be free from excessive force. Holcomb claimed his use of force was reasonable, asserting he saw Clerkley pointing a gun at him.The United States District Court for the Western District of Oklahoma reviewed the evidence, including body-camera footage and statements from both parties. The court found that a reasonable jury could conclude that Holcomb fired at Clerkley when he could see Clerkley did not have a gun or anything in his hand. The court held that Holcomb’s use of force violated clearly established Fourth Amendment law and denied his motion for summary judgment on qualified-immunity grounds.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court’s decision, holding that Holcomb’s use of deadly force was unconstitutional because Clerkley was unarmed and posed no threat. The court also held that the law prohibiting the use of deadly force against an unarmed, nonthreatening person was clearly established at the time of the incident. Therefore, Holcomb was not entitled to qualified immunity. View "Clerkley v. Holcomb" on Justia Law

Mica Martinez was convicted by an Oklahoma jury of two counts of first-degree murder and sentenced to death. Martinez sought federal habeas relief, arguing that his appellate counsel was ineffective for not raising a claim about his trial counsel’s inadequate investigation and presentation of testimony from his grandfather, mother, and uncle. He also claimed that his sentencing was fundamentally unfair due to witness testimony about his use of a racial slur and argued for reversible cumulative error.The Oklahoma Court of Criminal Appeals (OCCA) affirmed Martinez’s conviction and sentence, finding sufficient evidence of malice aforethought and holding that trial counsel did not perform deficiently. The OCCA also rejected Martinez’s claim that the introduction of a racial slur during sentencing denied him a fair proceeding, concluding that any error was cured by the trial court’s instruction to the jury to disregard the comment. The OCCA denied Martinez’s applications for postconviction relief, including his claim that appellate counsel was ineffective for not raising the issue of trial counsel’s investigation.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the denial of habeas relief. The court held that the OCCA did not unreasonably apply clearly established federal law or rely on an unreasonable factual finding in rejecting Martinez’s ineffective assistance of counsel claim. The court also found that Martinez failed to point to any clearly established federal law regarding the introduction of inflammatory evidence, and the OCCA did not base its decision on an unreasonable factual finding. Consequently, the court affirmed the denial of relief on the cumulative error claim as well. View "Martinez v. Quick" on Justia Law