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

On March 2, 2022, Rondell Yokenya Baker was stopped twice by Deputy Lloyd while driving through Wyoming. The first stop was for speeding, during which Baker failed to produce a rental agreement for the car. After issuing a warning, the officer let Baker go but suspected drug trafficking. About 50 miles later, Baker was stopped again for speeding. This time, a K-9 unit was present, and the dog alerted to drugs in the car, leading to the discovery of methamphetamine, fentanyl pills, and cocaine.Baker moved to suppress the evidence, arguing that the second stop was unreasonably prolonged to conduct the dog sniff, violating the Fourth Amendment as per Rodriguez v. United States. The District Court for the District of Wyoming initially granted the motion, finding no reasonable suspicion for the second stop. However, upon the government's motion to reconsider, the court reversed its decision, ruling the stop was a valid pretextual stop under Whren v. United States and that the dog sniff did not unreasonably prolong the stop.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the actions taken by Deputy Lloyd, including asking Baker to exit the vehicle and rolling up the windows, were reasonable safety measures related to the traffic stop. The court found that these actions did not divert from the traffic mission and that the dog sniff occurred contemporaneously with the traffic stop, thus not prolonging it. The court affirmed the district court's denial of Baker's motion to suppress the evidence. View "United States v. Baker" on Justia Law

David Lesh, a social media content creator and owner of an outdoor apparel brand, posted photos on Instagram of himself snowmobiling at Keystone Resort, Colorado, during its closure due to the COVID-19 pandemic. The United States charged him with using an over-snow vehicle on National Forest Service (NFS) land off a designated route and conducting unauthorized work activity on NFS land. A magistrate judge convicted him of both counts after a bench trial.The magistrate judge found Lesh guilty of using an over-snow vehicle on NFS land off a designated route, taking judicial notice of a publicly available map indicating that Keystone Resort was not designated for snowmobile use. Lesh's argument that the map's undated nature failed to provide sufficient notice was not preserved for appeal. The district court affirmed the magistrate judge's decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed Lesh's conviction for using an over-snow vehicle on NFS land off a designated route, finding that Lesh had waived his challenge to the judicial notice of the map. However, the court reversed his conviction for unauthorized work activity under 36 C.F.R. § 261.10(c). The court held that the regulation was impermissibly vague as applied to Lesh's conduct, as it did not provide fair warning that posting images on social media could constitute a federal crime. The court also found insufficient evidence to prove that Lesh's primary purpose in posting the photos was to sell goods or services, as required by the regulation. The court concluded that Lesh was not deprived of his Sixth Amendment right to a jury trial, as the maximum penalty he faced did not exceed six months of imprisonment. View "United States v. Lesh" on Justia Law

The case involves a congressional program that awards grants for family-planning projects, with the Department of Health and Human Services (HHS) setting eligibility requirements. Oklahoma, a grant recipient, expressed concerns about these requirements, citing state laws prohibiting counseling and referrals for abortions. HHS proposed that Oklahoma provide neutral information about family-planning options, including abortion, through a national call-in number. Oklahoma rejected this proposal, leading HHS to terminate the grant. Oklahoma challenged the termination and sought a preliminary injunction.The United States District Court for the Western District of Oklahoma denied Oklahoma's motion for a preliminary injunction, determining that Oklahoma was unlikely to succeed on the merits of its claims. Oklahoma then appealed the decision.The United States Court of Appeals for the Tenth Circuit reviewed the case. Oklahoma argued that it would likely succeed on the merits for three reasons: (1) Congress's spending power did not allow it to delegate eligibility requirements to HHS, (2) HHS's requirements violated the Weldon Amendment, and (3) HHS acted arbitrarily and capriciously. The Tenth Circuit rejected these arguments, holding that:1. The spending power allowed Congress to delegate eligibility requirements to HHS, and Title X was unambiguous in conditioning eligibility on satisfaction of HHS's requirements. 2. The Weldon Amendment, which prohibits discrimination against health-care entities for declining to provide referrals for abortions, was not violated because HHS's proposal to use a national call-in number did not constitute a referral for the purpose of an abortion. 3. HHS did not act arbitrarily and capriciously in terminating Oklahoma's grant, as the eligibility requirements fell within HHS's statutory authority, and Oklahoma did not demonstrate a likely violation of HHS's regulations.The Tenth Circuit affirmed the district court's denial of the preliminary injunction, concluding that Oklahoma had not shown a likelihood of success on the merits of its claims. View "State of Oklahoma v. HHS" on Justia Law

A juvenile male, B.N.M., was accused of participating in the murder of his girlfriend’s parents when he was fifteen years old. The United States District Court for the Eastern District of Oklahoma transferred him to adult status, allowing him to be prosecuted as an adult. B.N.M. challenged this decision, arguing that the district court made errors in its analysis and that transferring him for adult prosecution was unconstitutional due to the severe penalties for first-degree murder.The district court's decision was based on the Juvenile Justice and Delinquency Prevention Act, which outlines factors to consider when deciding whether to transfer a juvenile for adult prosecution. The magistrate judge found that the nature of the offense and the availability of programs to treat the juvenile’s behavioral problems weighed in favor of transfer. The magistrate judge noted that if B.N.M. were adjudicated as a juvenile, he would be released at twenty-one, and there was a low likelihood of sufficient rehabilitation by that age. The district court adopted the magistrate judge’s recommendation, despite B.N.M.'s objections.The United States Court of Appeals for the Tenth Circuit reviewed the case. B.N.M. argued that the district court erred by misattributing testimony from the government’s expert to his expert and by not properly considering his role as a follower in the crimes. He also argued that the district court improperly shifted the burden of proof regarding the availability of community programs for his rehabilitation. The Tenth Circuit found that the misattribution of testimony did not affect the outcome and that the district court did not abuse its discretion in weighing the factors. The court also held that B.N.M.'s constitutional argument was not ripe for review. Consequently, the Tenth Circuit affirmed the district court’s decision to transfer B.N.M. for adult prosecution. View "United States v. B.N.M." on Justia Law

Dr. Anthony Tufaro, a former Chief of Plastic & Reconstructive Surgery and Professor of Medicine at the University of Oklahoma (OU), filed a lawsuit against OU and three of its doctors after his contract was not renewed. Tufaro alleged that his contract was not renewed because he had exposed various discrepancies and misconduct within OU’s Medical and Dental Colleges. His claims included wrongful termination, First Amendment retaliation, Fourteenth Amendment deprivation of property and liberty, breach of contract, and violation of the Oklahoma Constitution.The case was initially filed in state court but was later removed to federal court. In the federal court, the defendants filed a motion to dismiss, which the court granted in part and denied in part. The court dismissed all the § 1983 claims against OU and the individual defendants in their official capacities, as they were not considered "persons" under § 1983. The court also dismissed the breach of contract claim against OU, as it found that OU had followed the procedures outlined in the Faculty Handbook. However, Tufaro's Burk tort claim against OU survived the motion to dismiss.After discovery, the defendants filed a motion for summary judgment, which the court granted. The court ruled that Tufaro's complaints fell outside the scope of the First Amendment because they were made during his employment as part of his official duties. The court also held that Tufaro failed to demonstrate he was an "at-will" employee, an essential element of the Burk tort claim. Following the entry of summary judgment on all remaining claims, the district court entered final judgment, ending Tufaro’s case. Tufaro appealed several of the district court's rulings. View "Tufaro v. Board of Regents of the University of Oklahoma" on Justia Law

In February 2021, Salvador Salas, Jr. was accused of giving methamphetamine to a 13-year-old girl, sexually abusing her, and photographing the incident. The police obtained a warrant to search Salas's home and vehicle for drugs and related evidence. During the search, they seized Salas's iPhone and a hard drive. Suspecting Salas of producing or possessing child pornography, the officers obtained a second warrant to search for such evidence. They seized a laptop and another hard drive from Salas's residence. A digital forensic analyst found child pornography on Salas's iPhone and on the laptop and hard drive. Salas was charged with six federal counts of possessing and producing child pornography.Salas argued that the second warrant lacked probable cause and violated his Fourth Amendment rights. He also argued that the child pornography on his iPhone, seized under the first warrant, would not have been inevitably discovered because the first warrant only authorized the seizure, not the search, of his iPhone. The district court agreed that the second warrant lacked probable cause but declined to suppress the child pornography evidence. It found that the first warrant allowed for both the seizure and search of Salas's iPhone and therefore child pornography would have been inevitably discovered by the officers as part of their investigation into Salas's drug activities. Salas was convicted on all counts and appealed.The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The court held that the first warrant was sufficiently particular to justify a search of Salas's iPhone and the search would have been conducted reasonably. The court also held that the child pornography on Salas's iPhone would have been inevitably discovered because the first warrant allowed for both the seizure and search of Salas's iPhone. The court concluded that Salas's child pornography would not have indefinitely stayed hidden behind his iPhone's locked passcode. It would have inevitably been discovered. View "U.S. v. Salas" on Justia Law

The case involves Angel Landa-Arevalo, who was indicted for conspiracy to distribute and possess with intent to distribute fifty grams or more of methamphetamine. He was tried alongside nine co-defendants. Landa-Arevalo was in pretrial confinement for 1,196 days, during which he objected to the protracted timeline and moved to sever his trial from his co-defendants to protect his Sixth Amendment right to a speedy trial. He also requested a mental competency hearing, arguing that his Fifth Amendment rights were violated by not providing him with a second, more extensive evaluation.The district court denied his motions and proceeded with the trial. A forensic psychologist was appointed to examine Landa-Arevalo and concluded that he was competent to stand trial. The court found him competent and proceeded with sentencing.On appeal to the United States Court of Appeals for the Tenth Circuit, Landa-Arevalo argued that the district court violated his Fifth Amendment rights by not ordering a second competency evaluation and his Sixth Amendment right to a speedy trial. The appellate court affirmed the district court's decision. It held that the district court did not abuse its discretion in determining Landa-Arevalo's competency and denying another evaluation. The court also found that Landa-Arevalo's Sixth Amendment right to a speedy trial was not violated, as the delays were caused by co-defendants and not the government. View "United States v. Landa-Arevalo" on Justia Law

The case involves three transgender individuals, Rowan Fowler, Allister Hall, and Carter Ray, who sued the Governor of Oklahoma, the Commissioner of Health for the Oklahoma State Department of Health, and the State Registrar of Vital Records. The plaintiffs challenged an executive order issued by the Governor that directed the Oklahoma State Department of Health to stop amending sex designations on birth certificates. The plaintiffs, who had obtained court orders directing that their sex designations on official documents be amended, had their applications for amended birth certificates denied by the Department of Health, citing the Governor's executive order.The plaintiffs filed a lawsuit alleging that the policy violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The district court dismissed the case, ruling that the plaintiffs failed to state a claim. The plaintiffs appealed the decision.The United States Court of Appeals for the Tenth Circuit reversed the district court's dismissal of the equal protection claim, but affirmed the dismissal of the plaintiffs' substantive due process claim. The court found that the policy of denying sex-designation amendments on birth certificates was not rationally related to any legitimate state interest and therefore violated the Equal Protection Clause. However, the court affirmed the dismissal of the plaintiffs' substantive due process claim, concluding that the plaintiffs failed to allege that their involuntary disclosures of their transgender status amounted to state action. View "Fowler v. Stitt" on Justia Law

The case involves Scott Johnson, Harlene Hoyt, and Covey Find Kennel, LLC, who challenged the constitutionality of a Kansas statute that allows warrantless inspections of their homestead, where Mr. Johnson operates a business that houses and trains bird dogs. They also claimed that their constitutional right to travel was infringed by a statutory requirement that they make the premises available for inspection within 30 minutes of the arrival of an inspector. The United States District Court for the District of Kansas dismissed their complaint for failure to state a claim.The United States Court of Appeals for the Tenth Circuit affirmed the dismissal of their right-to-travel claim but remanded for further proceedings to determine whether Mr. Johnson’s business is closely regulated and, if so, whether warrantless inspections are reasonable under the Fourth Amendment. The court found that the boarding or training kennel industry was not clearly closely regulated, and the government had not shown that warrantless searches were necessary. The court also held that the regulations did not impose burdens beyond those commonly borne by owners of businesses who travel away from the locations of their businesses, and thus did not violate the plaintiffs' right to travel. View "Johnson v. Smith" on Justia Law

Leachco, Inc., an Oklahoma corporation that manufactures and markets various products, appealed the denial of its request for a preliminary injunction to halt administrative enforcement proceedings by the Consumer Product Safety Commission (CPSC). Leachco argued that the statutory removal protections for CPSC commissioners and administrative law judges (ALJs) violated Article II of the Constitution and the separation of powers. The district court denied Leachco's motion for a preliminary injunction, stating that even if Leachco's constitutional arguments were valid, the alleged constitutional violations were insufficient to establish that Leachco would suffer "irreparable harm" if the injunction was denied.The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The court concluded that under current Supreme Court and Tenth Circuit precedent, Leachco's subjection to proceedings before an agency whose officials allegedly have unconstitutional protection against removal is insufficient, by itself, to establish irreparable harm. The court also found that Leachco failed to show that the removal protections for CPSC commissioners and its administrative law judge were unconstitutional. Therefore, Leachco failed to satisfy the irreparable harm requirement necessary to obtain a preliminary injunction. View "Leachco v. Consumer Product Safety Commission" on Justia Law