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

Plaintiff Dennis Carter began working as a directional driller at Pathfinder Energy Services, Inc., in December 2004. Two years later, declining health had caused a reduction in Plaintiff's workload. Pathfinder fired Plaintiff for "gross misconduct" based primarily on an altercation that he had had with a coworker and his language and attitude during a conversation with his supervisor. Plaintiff sued Pathfinder in federal district court, alleging that Pathfinder had violated his rights under the Americans with Disabilities Act (ADA) and the Employee Retirement Income Security Act (ERISA). He also alleged that Pathfinder had breached his implied-in-fact employment contract. The district court granted summary judgment in favor of Pathfinder on all three claims. Upon careful review, the Tenth Circuit reversed the district court’s grant of summary judgment on Plaintiff's ADA claim, but affirmed the grant of summary judgment on the remaining claims. Specifically, the Tenth Court held that "[a] reasonable jury could conclude that [Plaintiff] has made out a prima facie case of discrimination and has established that Pathfinder’s asserted justification for his firing was pretextual. At this stage of the case, that is enough." The Court remanded the case for further proceedings on the ADA claim.

Plaintiff James Williams appealed a district court's denial of his motion for leave to proceed in forma pauperis (IFP) to file a complaint and have it served. In June 2011, Mr. Williams filed a complaint against his former employer, Cherokee Nation Entertainment, LLC, alleging he was terminated in violation of the Family Medical Leave Act of 1993. Plaintiff petitioned the district court for leave to proceed IFP and provided an affidavit alleging he was unemployed and disabled, and thus unable to pay the cost to file his suit. Plaintiff reported average monthly income from unemployment benefits and education assistance totaling $2,200, and monthly expenses totaling $300. Additionally, Plaintiff listed assets of $1025 and debt for unpaid medical bills. The district court determined that Plaintiff was able to pay court fees and costs and therefore denied his petition. Finding no error in the district court's ruling, the Tenth Circuit affirmed the district court. Plaintiff also petitioned for leave to proceed IFP on appeal. The Court granted that motion based upon an updated affidavit and financial declaration Plaintiff provided on appeal.

Defendant Robert Logsdon was found not guilty by reason of insanity for threatening the President of the United States. He was later granted conditional release to a residential care facility, but within one day was discharged from the facility for consuming alcohol on the premises and sharing it with a minor, thereby violating his conditions of his release. The district court revoked his conditional release. Defendant filed a notice of appeal. His counsel determined after a diligent search of the record that there were no issues that could support an appeal. He therefore filed a motion to withdraw. Defendant, however, filed a response. Finding no meritorious issues, the Tenth Circuit dismissed the appeal.

Petitioner Michael Hooper sought a certificate of appealability (COA) from the Tenth Circuit to challenge a district court's denial of his habeas petition. In 1993, Petitioner shot his ex-girlfriend and her son and daughter each twice in the head. He then buried them atop one another, doused them with gasoline, and covered their grave with debris. Hooper was tried and convicted on three counts of first-degree murder. At sentencing, Petitioner was sentenced to death. In federal habeas proceedings, the district court granted him relief from his death sentences, finding that defense counsel provided ineffective assistance in presenting mitigating evidence. On remand, Petitioner sought to waive his rights to be sentenced by a jury and to present mitigating evidence. Throughout subsequent hearings, defense counsel reiterated that although Petitioner was depressed, he was competent and had forbidden his defense team from proceeding with a mitigation case. Each time, the sentencing judge questioned Petitioner and found him competent. Finally, the judge entered death sentences on all three counts. Petitioner appealed his sentences to the Oklahoma Court of Criminal Appeals (OCCA), arguing that Oklahoma’s prescribed questions for determining competency were insufficient, and that the competency inquiry employed at sentencing failed to account for his depression. The OCCA affirmed, and the federal district court, during habeas proceedings, concluded that the OCCA’s determinations were reasonable. Because Petitioner did not show that the district court’s decision was debatable, or that there were issues present that deserved further treatment, the Tenth Circuit denied his request for a COA.

Beginning in 2004, Plaintiff-Appellant Vicki Koch and her parents assumed control over the property and care of an elderly woman, Gladys Lance. Ms. Lance’s niece became concerned about her aunt’s welfare, and in 2005, when she could no longer locate Ms. Lance, she obtained an order from an Oklahoma state court appointing her as Ms. Lance’s special guardian. Several days later, Defendant-Appellant John Beech, an officer of the Del City Police Department, was told by his supervisor that a "pickup" order had been issued for Ms. Lance, and that he should go to Ms. Koch’s residence to check on Ms. Lance. When he did, he encountered Ms. Koch on her front doorstep. He asked Ms. Koch where Ms. Lance was located, but Ms. Koch refused to tell him, instead telling him to leave her property and talk to her attorney. When Ms. Koch persisted in her non-responsiveness and turned to leave, Officer Beech arrested her for obstruction. During the arrest, a scuffle ensued, which concluded when Officer Beech brought Ms. Koch to the ground and handcuffed her. Ms. Koch sued Officer Beech and Del City under 42 U.S.C. 1983, alleging false arrest and excessive force. The district court granted summary judgment in favor of the Defendants, concluding that Officer Beech was entitled to qualified immunity. Ms. Koch appealed that decision. The Appellees, in turn, challenged the Tenth Circuit's jurisdiction to hear Ms. Koch’s appeal. Upon careful consideration of the trial court record and the applicable legal authority, the Tenth Circuit concluded that it had jurisdiction and affirmed the district court's decision.

A jury convicted Defendant Chester Randall, Jr. on one count of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) for his alleged involvement with a Wichita Kansas street gang. He was sentenced to forty-six months' imprisonment. On appeal to the Tenth Circuit, Defendant argued: (1) that the district court abused its discretion by failing to instruct the jury about the affirmative defense of withdrawal from a conspiracy, (2) that the district court plainly erred by failing to instruct the jury that it had to agree unanimously on the predicate acts Randall agreed to in order to sustain a conviction for conspiracy to commit a RICO violation, and (3) that the cumulative effect of these alleged instructional errors deprived Randall of a fair trial. Upon review of the trial court record and the applicable legal authority, the Tenth Circuit concluded the district court did not abuse its discretion nor commit any errors that deprived Defendant a fair trial. Accordingly, the Court affirmed Defendant's conviction.

Defendant Clinton Knight was convicted on charges of racketeering and drug possession arising from his membership in a Wichita, Kansas street gang. He argued on appeal to the Tenth Circuit that the district court plainly erred by: (1) improperly instructing the jury on the pattern of racketeering element under the Racketeer Influenced and Corrupt Organizations Act (RICO); and (2) failing to provide a jury instruction for constructive possession on the drug possession charges. Upon review, the Court concluded the district court did not plainly err in its instructions to the jury. Accordingly, the Court affirmed Defendant's conviction.

State prisoner Plaintiff Michael Milligan appealed a district court's sua sponte dismissal of his Section 1983 complaint against various Colorado prison officials who were allegedly involved in decisions affecting Plaintiff's prison employment. Plaintiff alleged he worked for the prison's maintenance department plumbing crew for months without incident. In the fall of 2010 however, Plaintiff's "gate pass" was pulled, preventing him from accessing areas in which the maintenance department was located. Plaintiff was allegedly told that inmates assigned to work in these areas were reevaluated for their potential escape risk following the escape of another inmate. After he filed a grievance regarding his designation as a potential escape risk, the facility job board allegedly took his job away and placed him in vocational janitorial school. In his complaint, Plaintiff raised an equal protection claim based on the pulling of his gate pass as well as a retaliation claim based on the loss of his job in the maintenance department. The district court found that Plaintiff could not state an arguable claim that his civil rights were violated. Upon review, the Tenth Circuit held that the district court erred in dismissing Plaintiff's complaint: "We are not persuaded, however, that amendment would necessarily be futile or that this claim was based on an indisputably meritless legal theory." The Court reversed the district court's order of dismissal and remanded the case for further proceedings.

The issue before the Tenth Circuit in this case centered on whether property damage caused by a subcontractor's faulty workmanship is an "ocurrence" for purposes of a commercial general liability (CGL) insurance policy. The issue arose from the appeals of Plaintiffs-Appellants Greystone Construction, Inc., The Branan Company, and American Family Mutual Insurance Company (American) who all appealed the district court’s grant of summary judgment in favor of Defendant National Fire & Marine Insurance Company (National). Greystone was the general contractor that employed multiple subcontractors to build a house in Colorado. As is common along Colorado’s front range, the house was built on soils containing expansive clays. Over time, soil expansion caused the foundation to shift, resulting in extensive damage to the home’s living areas. The homeowners sued Greystone for damages, alleging defective construction by the subcontractors who installed the foundation. Greystone was insured under CGL policies provided by two insurers. American provided policies for 2001 to 2003, and National provided policies for 2003 to 2006. The American and National policy periods did not overlap. Greystone tendered a claim to American and then National. National denied it owed Greystone any defense. In district court, the builders and American sought to recover a portion of their defense costs from National. Upon review, the Tenth Circuit concluded that damage arising from a poor workmanship may fall under a CGL policy’s initial grant of coverage, even though recovery may still be precluded by a business-risk exclusion or another provision of the policy. The case was remanded to the district court for further proceedings.

Plaintiff Lacauna Adams, on behalf of her minor son D.J.W., appeared pro se seeking review of a district court’s judgment that affirmed the Social Security Commissioner’s denial of D.J.W.’s application for Supplemental Security Income (SSI) benefits. In late 2006, Plaintiff filed an application for SSI benefits for her son who was five years old at that time. In it, she alleged he became disabled in 2004 due to asthma. The agency denied the application initially and on reconsideration. Although neither side raised the issue, the Tenth Circuit concluded that Plaintiff could proceed pro se on behalf of her minor child to challenge in federal court the administrative denial of SSI benefits, but the Court affirmed the Commissioner’s denial of those benefits.