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

Marvin Green, a former postmaster, claimed the U.S. Postal Service retaliated against him after he made employment-discrimination claims. He was investigated, threatened with criminal prosecution, and put on unpaid leave. Shortly after being put on leave, he signed a settlement agreement with the Postal Service that provided him paid leave for three and a half months, after which he could choose either to retire or to work in a position that paid much less and was about 300 miles away. Ultimately, he decided to retire. He then filed a complaint against the Postmaster General alleging five retaliatory acts in violation of Title VII of the Civil Rights Act of 1964: (1) a letter notifying him to attend an investigative interview; (2) the investigative interview; (3) a threat of criminal charges against him; (4) his constructive discharge; and (5) his placement on unpaid leave (also known as emergency placement). The district court dismissed the first three claims for failing to exhaust administrative remedies. On the two remaining claims it granted summary judgment for the Postmaster, holding that the constructive-discharge claim was untimely and that emergency placement was not a materially adverse action. The Tenth Circuit affirmed the district court in all respects save one: the Court agreed with Green that the emergency placement was a materially adverse action (being put on unpaid leave would dissuade a reasonable employee from engaging in protected activity). The case was remanded for further proceedings. View "Green v. Donahoe" on Justia Law

In September 2009, Plaintiff Bridget Dalpiaz was terminated from her position as the benefits administrator for Carbon County, Utah. She sued, raising several claims against the county and various county officials, including one claim of "Violation of the [Family and Medical Leave Act] – Interference with FMLA Rights" against the county. The district court granted summary judgment to all Defendants on all claims. On appeal, Plaintiff challenged only the denial of her FMLA claim against Carbon County. Based on all of the evidence in the record, the Tenth Circuit concluded that the evidence, even taken in the light most favorable to Plaintiff, was sufficient to meet the county’s burden of establishing that Plaintiff would have been dismissed regardless of her request for FMLA leave. Plaintiff’s interference claim therefore failed as a matter of law. View "Dalpiaz v. Carbon County, Utah, et al" on Justia Law

In 2012, the Environmental Protection Agency (EPA) promulgated a final Federal Implementation Plan (FIP) to reduce regional haze by regulating emissions of nitrogen oxides (NOx) and particulate matter (PM) at the five units of the Four Corners Power Plant on the Navajo Reservation. WildEarth Guardians filed a petition under 42 U.S.C. 7607(b)(1) for review of the FIP. It argued that promulgation of the FIP did not comply with the Endangered Species Act (ESA) because the EPA failed to consult with the Fish and Wildlife Service about the effect of the FIP even though the EPA had discretion to act to protect endangered fish near the Plant from mercury and selenium emissions. WildEarth argued that the EPA had four grounds for the exercise of discretion that could have benefitted the fish. But the principal ground was mooted by the closure of three units of the Plant, and two other grounds were not raised in WildEarth’s opening brief. "As for the fourth alleged ground, it could not create a duty to consult under the ESA because it would have required the EPA to exceed the clearly delineated boundaries of the FIP." The Tenth Circuit denied the petition. View "WildEarth Guardians v. EPA, et al" on Justia Law

Anthony and Melissa Stonecipher became targets of an investigation because of their purchases and sales of firearms and explosives. During the investigation, federal officers discovered that Mr. Stonecipher had pled guilty in 2007 to a misdemeanor crime of domestic violence in Missouri. One of the officers, Carlos Valles, concluded Mr. Stonecipher had violated federal law, which made it illegal for anyone convicted of even a misdemeanor crime of domestic violence to possess a firearm. Acting on this knowledge, Valles obtained a search warrant for the Stoneciphers' home, ending with Mr. Stonecipher's arrest. It turned out that Mr. Stonecipher had not been convicted of a misdemeanor crime of domestic violence for purposes of federal law. Prosecutors soon learned that the conviction did not count because the sentence had been suspended and, under Missouri law, a suspended sentence in these circumstances did not amount to a conviction. The government dismissed the criminal complaint. The Stoneciphers filed a "Biven"s action against Valles and other law enforcement officers involved in the investigation, alleging violations of their Fourth and First Amendment rights in connection with the search of their home and Mr. Stonecipher's arrest and prosecution. The district court granted summary judgment for the defendants on the grounds of qualified immunity. The Stoneciphers appealed the grant of summary judgment on their claims for unreasonable search and seizure, unlawful arrest, malicious prosecution, and violation of their First Amendment rights. For purposes of qualified immunity, Valles had enough information to: (1) conclude he had probable cause to search the Stoneciphers' home; and (2) arrest and file charges based on Mr. Stonecipher's possession of firearms and explosives. Further, there was no evidence that Mr. Stonecipher's arrest and prosecution were in retaliation for the exercise of his First Amendment rights. Accordingly, the Tenth Circuit affirmed the district court's order. View "Stonecipher, et al v. Valles, et al" on Justia Law

Dr. Collie Trant was the former Chief Medical Examiner for the State of Oklahoma at a time the office was recovering from a series of public scandals. Trant lost the confidence of the Oklahoma Board of Medicolegal Investigations, and was terminated. Trant filed suit in Oklahoma state court alleging a number of claims under federal and state law in connection with his tenure and termination. Oklahoma subsequently consented to removal of the case to federal court. The federal district court granted summary judgment in favor of the defendants on Trant’s First Amendment retaliation claims brought under 42 U.S.C. 1983. The district court dismissed for lack of standing Trant’s claim seeking a declaratory judgment the Board violated the Oklahoma Open Meetings Act. The court also dismissed Trant’s breach of implied contract claim for failure to state a claim under Oklahoma law. Finding no reversible error with respect to the district court's decision on Trant's First Amendment and breach of implied contract claims, the Tenth Circuit affirmed. With regard to Trant's declaratory judgment claim, the Court reversed and remanded the case for further proceedings. View "Trant v. Medicolegal Investigations, et al" on Justia Law

In late 2011, the Federal Communications Commission (FCC) issued a Report and Order and Further Notice of Proposed Rulemaking comprehensively reforming and modernizing its universal service and intercarrier compensation systems. Petitioners, all parties to the rulemaking proceeding, filed petitions for judicial review of the FCC’s Order. In multiple briefs, petitioners asserted a host of challenges to the portions of the Order revising how universal service funds are to be allocated to and employed by recipients. After carefully considering those claims, the Tenth Circuit found them either unpersuasive or barred from judicial review. Consequently, the Court denied the petitions to the extent they were based upon those claims. View "IN RE: FCC 11-161" on Justia Law

This case stemmed from the Clean Air Act, which requires states to adopt programs that will reduce emission of air pollutants that affect visibility. The State of Utah submitted a revised plan to the Environmental Protection Agency. The agency partially rejected the plan, and the State and one of the affected companies (PacifiCorp) filed petitions for review. Though all parties agree that the Tenth Circuit had jurisdiction over this case, the Court disagreed and dismissed their petitions. View "Utah v. Environmental Protection Agency" on Justia Law

Mr. and Mrs. Melot owed millions of dollars in federal taxes. Billy Melot was serving time in federal prison for tax crimes. The debt led the United States to foreclose on the Melots’ real properties, and the Melots tried to stop the foreclosure. Sanctions were imposed because of the methods used by the Melots in relation to their attempts to stop the foreclosure: the district court regarded them as fraudulent. The disagreement began when the district court reduced the tax assessments to judgments and ordered the sale of the Melots’ real properties. That order prompted a motion to intervene by Steven Byers, who filed documents asserting liens on the property. The documents were mailed from the city where the Melots’ properties were located (Hobbs, New Mexico). The government suspected fraud and collaboration with the Melots, pointing out to the court that: (1) Byers lived in prison; (2) he could not own any liens because he was destitute; (3) the Melots never disclosed any liens; (4) Mrs. Melot had signed Byers’ name on the lien and motion to intervene; and (5) the New Mexico address listed for Byers was actually the home of Mrs. Melot’s friends. At the hearing on the motion to intervene, Byers moved to withdraw his motion for lack of proof. The court denied the motion to withdraw, and the government presented evidence tending to show that the Melots and Byers created a scheme to derail the foreclosure. Mrs. Melot refused to answer questions, invoking the Fifth Amendment privilege against self-incrimination. The magistrate judge certified criminal contempt by the Melots. More than a year later, the district court issued its order addressing the contempt certification with sanctions including removal of Mrs. Melots from the property, reimbursing the government's costs for the hearing, striking of the Melots' pending motions, and filing restrictions. The Melots argued on appeal to the Tenth Circuit that the district court violated the Fifth Amendment’s Due Process Clause by imposing sanctions without notice and an opportunity to be heard. The Tenth Circuit agreed, reversed and remanded. View "United States v. Melot (Katherine), et al" on Justia Law

This appeal related to petitioner Linda Hendron's third application for disability benefits. She filed the first in 1999 and was denied on the merits. She applied again in 2001, and was denied on res judicata grounds. This latest application was filed in 2009, claiming a disability onset date of November 1, 1995. After the Social Security Administration denied the claim on res judicata grounds, requested a hearing before an administrative law judge (ALJ). The ALJ heard testimony from petitioner, and considered 19 medical exhibits that had not been submitted in petitioner's previous applications. The ALJ issued a written decision finding that petitioner was not disabled before the expiration of her insured status. The Appeals Council denied review, and petitioner took her appeal to the district court, which concluded the ALJ failed to develop a sufficient record on which to base a disability decision. The Commissioner appealed the district court's decision. Finding ample evidence in the record that the ALJ developed the record on which he denied petitioner's claim, the Tenth Circuit reversed and remanded the case for entry of judgment in favor of the Commissioner. View "Hendron v. Colvin" on Justia Law

Biodiversity Conservation Alliance challenged a United States Forest Service decision modifying trail use in the two-million-acre Medicine Bow National Forest in southern Wyoming. The Forest Service formally closed several hundred miles of unauthorized motorized trails, but allowed motorcycle use on an approximately five-mile trail in the Middle Fork Inventoried Roadless Area and several connecting trails. The Alliance argued the Forest Service did not properly consider the impacts on wetlands and non-motorized recreation in reaching its decision, and should have found that significant impacts required the preparation of an Environmental Impact Statement under the National Environmental Policy Act (NEPA). Upon review, the Tenth Circuit concluded the Forest Service's Environmental Assessment adequately supported its finding that the proposed decision would have no significant impacts on wetlands or other users of the Middle Fork IRA. Accordingly, the Court affirmed the district court and upheld the Forest Service decision. View "Biodiversity Conservation v. United States Forest Service" on Justia Law