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

This appeal arose from prison officials’ attempt to gain control over an agitated prisoner who refused to obey their orders, locked himself in the prison’s outdoor recreation yard, and threatened prison officials. Officials decided to drop tear gas into the recreation yard. An intake vent in the yard drew the gas in and filtered it into the prison. Numerous prisoners in their cells were exposed to the gas. Prison officials evacuated the prisoners housed in two sections of the prison after they secured the prisoner in the recreation yard. The officials did not, however, evacuate the prisoners in two other sections. On behalf of a class of about one-hundred prisoners, Timothy Redmond sued three of the prison officials for constitutional violations under 42 U.S.C. 1983, claiming the officials violated the Eighth Amendment and Utah’s Constitution by exposing the prisoners to gas, and then failing to provide adequate medical care. The district court granted the defendants’ summary judgment motion. After review of the claims, the Tenth Circuit affirmed: the prison officials’ conduct, at most, only accidently exposed the prisoners to CS gas, and qualified immunity shields government officials from liability for mistakes like this one. And the rest of Redmond’s claims failed either because Redmond forfeited them, failed to prove a constitutional violation occurred, or did not cite case law that clearly established the alleged rights. Furthermore, violating the Utah Constitution required more-than-negligent conduct, and the prison officials’ conduct was “textbook negligence.” View "Redmond v. Crowther" on Justia Law

Spring Creek Coal Company (Spring Creek) petitioned the Tenth Circuit Court of Appeals for review of a decision by the Department of Labor (DOL) awarding survivors’ benefits to Susan McLean under the Black Lung Benefits Act (BLBA), 30 U.S.C. sections 901-944. The DOL concluded that Bradford McLean became disabled and died from his exposure to coal dust during the course of his employment at Spring Creek’s surface coal mine. The BLBA adopts several presumptions that apply for purposes of determining whether a miner is totally disabled due to pneumoconiosis and whether the death of a miner was due to pneumoconiosis. See 30 U.S.C. § 921(c)(1)-(5). One of those presumptions, the fifteen-year presumption, is central to the outcome in this case. The ALJ, after concluding that Mr. McLean was entitled to the statutory/regulatory presumption of pneumoconiosis, in turn analyzed the medical evidence to determine whether Spring Creek had rebutted that presumption. The Tenth Circuit determined the ALJ’s findings and decision in this case were case-specific and confined to the specific flaws in the testimony of Spring Creek’s medical experts, thus concluding Spring Creek did not rebut the presumption. Thus, the Tenth Circuit concluded the ALJ did not err in his analysis of the proffered medical opinions, and that there was no need to remand this case for further proceedings. Spring Creek’s petition for review was denied. View "Spring Creek Coal Company v. McLean" on Justia Law

This civil rights class action lawsuit was filed thirty years ago to challenge various aspects of the institutionalization of developmentally disabled individuals at two state-supported facilities in New Mexico. After a lengthy trial in 1990, the district court ruled that Defendants (the two institutions and the individuals charged with their operation) were violating class members’ federal constitutional and statutory rights. The district court ordered the parties to develop a plan to cure the violations, and the plan was implemented over the ensuing years through several consent decrees and other court-approved agreements. Although the two institutions closed in the 1990s, the district court has continued to monitor whether Defendants complied with the obligations mandated by the consent decrees. In the years since the court’s initial ruling, the parties have agreed to, and the court has approved, numerous additional decree obligations of varying specificity with which Defendants must comply before the court will discontinue its oversight. As of the district court’s most recent order, Defendants had yet to fulfill over 300 decree obligations. In August 2015, Defendants moved under Federal Rule of Civil Procedure 60(b)(5) to vacate all consent decrees and to terminate the court’s oversight, arguing that changed factual circumstances warrant the requested relief. The district court denied the motion in June 2016. Defendants appealed. The Tenth Circuit vacated the 2016 Order and remanded the matter for the district court to decide whether Defendants were currently violating class members’ federal constitutional or statutory rights, and to reassess the equity of continuing federal oversight with the benefit of that determination. View "Jackson v. Los Lunas Community Program" on Justia Law

This civil rights class action lawsuit was filed thirty years ago to challenge various aspects of the institutionalization of developmentally disabled individuals at two state-supported facilities in New Mexico. After a lengthy trial in 1990, the district court ruled that Defendants (the two institutions and the individuals charged with their operation) were violating class members’ federal constitutional and statutory rights. The district court ordered the parties to develop a plan to cure the violations, and the plan was implemented over the ensuing years through several consent decrees and other court-approved agreements. Although the two institutions closed in the 1990s, the district court has continued to monitor whether Defendants complied with the obligations mandated by the consent decrees. In the years since the court’s initial ruling, the parties have agreed to, and the court has approved, numerous additional decree obligations of varying specificity with which Defendants must comply before the court will discontinue its oversight. As of the district court’s most recent order, Defendants had yet to fulfill over 300 decree obligations. In August 2015, Defendants moved under Federal Rule of Civil Procedure 60(b)(5) to vacate all consent decrees and to terminate the court’s oversight, arguing that changed factual circumstances warrant the requested relief. The district court denied the motion in June 2016. Defendants appealed. The Tenth Circuit vacated the 2016 Order and remanded the matter for the district court to decide whether Defendants were currently violating class members’ federal constitutional or statutory rights, and to reassess the equity of continuing federal oversight with the benefit of that determination. View "Jackson v. Los Lunas Community Program" on Justia Law

Plaintiff-Appellant Rocky Mountain Wild appealed a district court’s determination of law that Defendant-Appellee U.S. Forest Service had no duty under the Freedom of Information Act (FOIA) to disclose unseen documents in possession of third-party contractors. The question on appeal was whether the documents are “agency records” within the meaning of FOIA. The Tenth Circuit determined the documents were not created, obtained, or controlled by the Forest Service and thus were not “agency records” subject to FOIA. View "Rocky Mountain Wild v. United States Forest Service" on Justia Law

Plaintiff Donald Gutteridge, Jr. appealed a district court order granting summary judgment to defendants Oklahoma, the Oklahoma Department of Human Services, and several individuals on two claims arising from injuries suffered by D.C., a child who was then in Oklahoma’s foster-care system. The Tenth Circuit agreed with the district court that the individual defendants were entitled to qualified immunity on Gutteridge’s 42 U.S.C. 1983 claim. Likewise, the Court agreed Gutteridge’s state-law tort claim was barred to the extent it arose from D.C.’s placement in two different foster homes. But to the extent Gutteridge’s state-law claim instead arose from the alleged failure to timely remove D.C. from one of those homes and the alleged failure to provide D.C. with timely medical care for injuries she suffered there, the placement exemption did not apply. View "Gutteridge v. Oklahoma" on Justia Law

A jury rejected an employment-discrimination claim against JetStream Ground Services, Inc. filed by several Muslim women and the Equal Employment Opportunity Commission (EEOC) who alleged that JetStream discriminated against the women on religious grounds by refusing to hire them because they wore hijabs. Plaintiffs’ sole argument on appeal was that the district court abused its discretion by refusing to impose a sanction on JetStream (either excluding evidence or instructing the jury that it must draw an adverse inference) because it disposed of records contrary to a federal regulation purportedly requiring their preservation. The Tenth Circuit found no abuse of discretion: plaintiffs’ argument that the exclusion sanction should have been applied was waived in their opening statement at trial. And the district court did not abuse its discretion in refusing to give an adverse-inference instruction after Plaintiffs conceded that destruction of the records was not in bad faith. View "EEOC v. JetStream Ground Services" on Justia Law

Brandon Barrick brought an action under the False Claims Act on behalf of the United States, alleging his former employer Parker-Migliorini International (PMI) illegally smuggled beef into Japan and China. At the time of the scheme, China banned all imports of U.S. beef, and Japan imposed heightened standards, under which certain types of U.S. beef would have been banned. Barrick alleged PMI cheated the government out of the inspection fees that would have been paid if PMI had complied with federal law. In Barrick’s view, an “obligation” to pay the government arose when the USDA was informed that meat was being exported to a country with inspection standards higher than those in the United States. Thus, the government should have been paid for the inspections that would have occurred if PMI had accurately reported the destination countries. The Tenth Circuit disagreed with Barrick's reasoning: "[a]n established duty is one owed at the time the improper conduct occurred, not a duty dependent on a future discretionary act." Here, the obligation would not have arisen absent a third-party meat supplier’s independent wrongful conduct. This was because the meat supplier supplied the destination country to the USDA, thus controlling the type of inspection performed. But PMI did not use meat suppliers who were eligible to export beef to Japan. So, for an obligation to arise, the supplier would have had to report an accurate - and illegal - destination country to the USDA, even though the supplier was not eligible to export to that country. This conduct does not create an established duty under the Act. Because the Court did not find Barrick could adequately plead the existence of such an “obligation” by PMI as the Act required, it affirmed the district court’s denial of Barrick’s motion for leave to amend. View "United States ex rel. Barrick v. Parker-Migliorini Int'l" on Justia Law

Plaintiff-Appellant Ray Carney appeals from the district court’s dismissal of his claims under the Eighth and Fourteenth Amendments. Carney, an Oklahoma state inmate appearing pro se, was convicted of sexually abusing a child in 2010. Upon his release in January 2018, Carney will be required to register as an aggravated sex offender. Under Oklahoma law, this means he will have to acquire a driver’s license that indicates he is a sex offender (“license requirement”). Failing to obtain such a license results in cancellation, and continued use of a cancelled license is a misdemeanor. Carney argued on appeal: (1) the license requirement violated the First Amendment because it was compelled speech; (2) that the license requirement constituted cruel and unusual punishment in violation of the Eighth Amendment; and (3) the license requirement was a harsher punishment than those similarly situated to him, namely, non-aggravated sex offenders and others who must register after committing various violent crimes and methamphetamine-related crimes, all of which was a violation of his Fourteenth Amendment rights. Finding no reversible error in the district court’s dismissal of Carney’s claims, the Tenth Circuit affirmed. View "Carney v. Oklahoma Dep't of Pub. Safety" on Justia Law

Defendant Rural Water District No. 4, Douglas County, Kansas (“Douglas-4”) appealed a district court’s order granting summary judgment in favor of Plaintiff City of Eudora, Kansas (“Eudora”) in this declaratory judgment action. Douglas-4 and Eudora disputed which entity could provide water service to certain areas near Eudora (the “Service Area”). In 2002, Douglas-4 was the water service provider for the Service Area, but was running low on water. Douglas-4 decided to purchase water from an adjacent rural water district, “Johnson-6.” The project required laying new pipes and building additional pumping stations at an estimated cost of $1.25 million. To finance the project, Douglas-4 received initial approval for a $1.25 million loan from the Kansas Department of Health and Environment (KDHE) with a fixed rate and twenty-year term. That same year, Eudora annexed the Service Area. The annexation positioned Eudora to potentially assume Douglas-4’s water customers. Understanding that it was facing a potential loss of customers, Douglas-4’s governing board reduced its KDHE loan to $1 million and sought the remaining $250,000 from a private, USDA-guaranteed loan. Douglas-4 believed that such a loan would come with federal protection under 7 U.S.C. 1926(b), which prevented municipalities from assuming water customers while a USDA-guaranteed loan was in repayment. Douglas-4 eventually secured a USDA-guaranteed loan for $250,000 from First State Bank & Trust and proceeded with the Johnson-6 project. Both the KDHE loan and the USDA-guaranteed loan had twenty-year repayment terms, beginning in 2004 and ending in 2024. Between 2004 and 2007, Douglas-4 and Eudora entered into negotiations in an attempt to resolve the disputed Service Area, but the discussions were not successful. Douglas-4 filed suit in the United States District Court for the District of Kansas to prevent Eudora from taking its water customers. The jury returned a special verdict in favor of Douglas-4, concluding the loan guaranteed by the federal government was necessary, and Eudora appealed. Finding no reversible error in the district court's judgment, the Tenth Circuit affirmed. View "City of Eudora v. Rural Water District No. 4" on Justia Law