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

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

This case was an interlocutory appeal from the district court’s denial of qualified immunity in an Eighth Amendment case brought by a Colorado state prisoner. Plaintiff Homaidan Al-Turki filed suit under 42 U.S.C. 1983 against several prison officials, including Defendant Mary Robinson (a prison nurse) based on these officials’ failure to provide him with any type of medical evaluation or treatment while he was suffering through several hours of severe abdominal pain from what turned out to be kidney stones. The district court granted qualified immunity to the other prison officials, none of whom were medical professionals, but denied Defendant Robinson’s summary judgment motion for qualified immunity. Defendant then filed this interlocutory appeal. On appeal, the issues this case presented to the Tenth Circuit were: (1) whether the hours of severe pain Plaintiff experienced constituted a sufficiently serious medical need to satisfy the objective prong of the Eighth Amendment deliberate indifference test; and (2) whether Defendant’s alleged actions violated clearly established law. Finding no reversible error, the Tenth Circuit affirmed the district court on both issues. View "Al-Turki v. Robinson, et al" on Justia Law

Sixteen years ago Carolyn Bayless began to suffer from a mysterious illness. As her condition deteriorated, she sought to learn what caused (and how to treat) her illness. In 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. When this lawsuit followed in 2009, the Army responded that she knew of her claim by at least 2005 and had waited too long to assert it. The district court agreed and granted summary judgment dismissing the case. Upon review, the Tenth Circuit concluded that under the "unusual circumstances presented here," the period of limitation did not accrue until February 2007. Therefore, the Court reversed. View "Bayless v. United States, et al" on Justia Law

Alan Christoffersen drove a truck for United Parcel Service (UPS) until he was struck and killed by an underinsured motorist. After the accident, Christoffersen's heirs sued UPS and its automobile insurer (Liberty Mutual Insurance Group), asserting claims for underinsured motorist (UIM) benefits. All parties moved for summary judgment. The district court granted UPS's motion on the ground that Utah's Worker's Compensation Act provided the exclusive remedy. On the claim against Liberty Mutual, the court granted judgment to the heirs for $10,000. The heirs and Liberty Mutual appealed. Upon review, the Tenth Circuit concluded that Liberty Mutual did not incur liability because UPS validly rejected UIM coverage; therefore, with regard to the claim against Liberty Mutual, the Court reversed the judgment of $10,000 for the heirs and remanded the case with instructions to grant summary judgment to Liberty Mutual on the entire claim. Furthermore, the Court affirmed the grant of summary judgment to UPS because it was not considered a "self insurer" for purposes of Utah's UIM statute. View "Christoffersen v. United Parcel Service, et al" on Justia Law

Denver police arrested Marvin Booker on a warrant for failure to appear at a hearing regarding a drug charge. During booking, Booker died while in custody after officers restrained him in response to alleged insubordination. Several officers pinned Booker face-down to the ground, one placed him in a chokehold, and another tased him. The officers sought medical help for Booker, but he could not be revived. Booker’s estate sued Deputies Faun Gomez, James Grimes, Kyle Sharp, Kenneth Robinette, and Sergeant Carrie Rodriguez, alleging they used excessive force and failed to provide Booker with immediate medical care. Defendants moved for summary judgment on qualified immunity grounds. The district court denied their motion because disputed facts precluded summary judgment. The Defendants appealed, but finding no reversible error, the Tenth Circuit affirmed. View "Estate of Marvin L. Booker, et al v. Gomez, et al" on Justia Law

THI of New Mexico at Hobbs Center, LLC and THI of New Mexico, LLC (collectively THI) operate a nursing home in Hobbs, New Mexico. When Lillie Mae Patton's husband was admitted into the home, he entered into an arbitration agreement that required the parties to arbitrate any dispute arising out of his care at the home except claims relating to guardianship proceedings, collection or eviction actions by THI, or disputes of less than $2,500. After Mr. Patton died, Mrs. Patton sued THI for negligence and misrepresentation. THI then filed a complaint to compel arbitration of the claims. The district court initially ruled that the arbitration agreement was not unconscionable and ordered arbitration. Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before the Tenth Circuit was whether the Federal Arbitration Act (FAA) preempted the state law for contracts governed by the FAA. The Court held that New Mexico law was preempted in this case and the arbitration clause should have been enforced. View "THI of New Mexico at Hobbs v. Patton" on Justia Law

In November 2004, Dr. Ashard Yousuf sued Dr. George Cohlmia and Cardiovascular Surgical Specialists Corporation (CVSS) in Oklahoma state court for defamation, tortious interference with business relations/contract, intentional infliction of emotional distress/outrage, negligence, and breach of contract. Dr. Yousuf alleged that Dr. Cohlmia made a series of false statements to local media disparaging Dr. Yousuf's professional reputation. Dr. Cohlmia denied that the statements he made were false. CVSS held a professional liability policy with Physicians Liability Insurance Company (PLICO) and two identical general commercial liability policies with American National Property and Casualty Company (ANPAC, one for each business location), each of which covered Dr. Cohlmia as an additional insured. Dr. Cohlmia demanded that both insurers provide for his defense, pursuant to their respective policies. PLICO agreed to defend the lawsuit under a reservation of rights and requested ANPAC to share in the defense. ANPAC refused, contending its policy did not cover the alleged wrongdoing and that it owed no duty to defend. ANPAC further claimed that even if it erred in refusing to defend Dr. Cohlmia, PLICO had no right to indemnification or contribution for the defense costs it incurred. ANPAC appealed the district court's grant of summary judgment in favor of PLICO in a dispute regarding ANPAC's breach of its duty to defend a co-insured. PLICO cross-appealed the district court's denial of its motion for prejudgment interest. Finding no reversible error, the Tenth Circuit affirmed the district court's decision. View "Yousuf v. Cohlmia" on Justia Law

Jose Hernandez, Jr., and Salvador Hernandez were killed by a motorist while they were performing road construction in Oklahoma. Their representative sued their employer, Duit Construction Company, and the motorist and alleged a substantive due process claims against multiple Oklahoma Department of Transportation (ODOT) employees. All ODOT employees (except the director and the resident engineer on the construction project) were dismissed by the district court. The question before the Tenth Circuit in this case was whether the two remaining employees were entitled to qualified immunity. The district judge said no; but because the alleged facts revealed no constitutional violation, the Tenth Circuit reversed. View "Hernandez v. Ridley, et al" on Justia Law

Derek Braswell suffered a horrific workplace accident: while operating a press brake manufactured by Cincinnati, Inc., his right arm was crushed, and eventually had to be amputated. Despite warnings, Braswell reached into the die area to remove a jammed piece of metal. The machine's safety equipment designed to prevent this type of accident had been removed or disabled sometime prior to the accident. After his injury, Braswell filed a suit against Cincinnati on theories of strict products liability and negligence. The district court granted summary judgment for Cincinnati on the grounds that a subsequent owner had modified the press brake to create the danger and that the gated pedal on the original model made the press brake not unreasonably dangerous. The Tenth Circuit agreed that the press brake was not unreasonably dangerous: with its warnings and safety devices, the machine did not pose a danger beyond that which the ordinary operator of the machine would appreciate. Accordingly, the Court affirmed the district court's judgment. View "Braswell v. Cincinnati Incorporated, et al" on Justia Law

Plaintiff-Appellant Delbert Ingram appealed a district court dismissal of his claims against Defendants-Appellees Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins. Plaintiff claimed Defendants had violated his rights under the Fourth and Fifth Amendments of the federal constitution by holding him in a psychiatric ward for over twenty-four hours without his consent. Defendants moved to dismiss, arguing that, among other things, the district court lacked subject matter jurisdiction over the action, because the Federal Tort Claims Act (FTCA) provided the sole remedy for plaintiff's claims. Upon careful consideration of the district court record, the Tenth Circuit agreed that the district court lacked subject matter to hear plaintiff's claims and affirmed. View "Ingram v. Faruque, et al" on Justia Law