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

After a road-rage incident in which a firearm was allegedly discharged, law enforcement investigated and tied the suspect to a residence using law enforcement databases, vehicle registration information, and visual surveillance. The police observed a vehicle matching the description from the incident parked at a house on West Iliff Lane, saw the suspect washing the car in the driveway, and watched him enter and exit the house. These observations occurred several weeks after the incident. Officers obtained a search warrant for the house and vehicle based on an affidavit summarizing the investigation and linking the suspect to the location. Execution of the warrant resulted in the discovery of firearms, ammunition, and controlled substances, leading to charges for drug offenses and possession of a firearm by a felon.The United States District Court for the District of Colorado denied the defendant’s motion to suppress the evidence, finding that the search warrant was supported by probable cause. The defendant pleaded guilty but preserved his right to appeal the suppression ruling. On appeal to the United States Court of Appeals for the Tenth Circuit, the defendant argued that the affidavit supporting the warrant failed to establish a sufficient nexus between the alleged offense and the residence and challenged the constitutionality of 18 U.S.C. § 922(g)(1) under the Second Amendment.The United States Court of Appeals for the Tenth Circuit concluded that the affidavit provided a substantial basis for finding probable cause, as law enforcement’s observations and the suspect’s connection to the residence justified the search. The court also held that the Second Amendment challenge to § 922(g)(1) was foreclosed by binding Tenth Circuit precedent. The judgment of the district court was affirmed. View "United States v. Becker" on Justia Law

A man was indicted and tried for three counts of abusive sexual contact involving his niece, who was twelve years old at the time and lived with her grandmother, sisters, and several uncles, including the defendant. The charges stemmed from two incidents in which the niece reported that her uncle had touched her inappropriately on multiple parts of her body. At trial, the niece testified in detail about the first incident, describing how the defendant entered her room, massaged her back, and then touched her buttocks, breasts (over her bra), and genital area (over her clothes). She also described a second incident, but the defendant was acquitted of the charge relating to that event.A federal grand jury returned a superseding indictment charging the defendant with three counts, but the jury convicted him only on two counts—one for touching the genitalia and one for touching the breasts during the first incident. The United States District Court for the District of New Mexico denied the defendant’s post-trial motions for judgment of acquittal and to merge the two convictions, finding sufficient evidence for the convictions and holding that each touching constituted a separate offense under the statute.Upon appeal, the United States Court of Appeals for the Tenth Circuit reviewed de novo the questions of multiplicity under the Double Jeopardy Clause and sufficiency of the evidence. The court held that the convictions were not multiplicitous because the relevant statute, 18 U.S.C. §§ 2244(a)(3) and 2246(3), defines abusive sexual contact as a separate-act offense, allowing for separate punishment for each intentional touching of an enumerated body part. The court also determined that sufficient evidence supported the jury’s verdict, as a rational juror could find the requisite sexual intent based on the victim’s testimony. The judgment of conviction was affirmed. View "United States v. Aguilar" on Justia Law

The case involves a defendant who, while guarding a cache of drugs and money, opened fire on law enforcement officers, wounding one but not fatally due to protective gear. He was indicted by a federal grand jury on several charges, including attempted murder of federal officers and using a firearm during a crime of violence under 18 U.S.C. § 924(c). Under a plea agreement, he pleaded guilty to two counts of attempted murder, one § 924(c) count (with attempted murder as the predicate crime of violence), and a firearm possession charge, waiving most rights to appeal or collaterally attack his conviction. In exchange, the government dropped other charges and agreed not to prosecute his son.After his conviction, the defendant pursued multiple post-conviction relief motions under 28 U.S.C. § 2255, all unsuccessful. Following the Supreme Court’s decision in United States v. Davis, which invalidated the “residual clause” of § 924(c)’s definition of “crime of violence” as unconstitutionally vague, he sought authorization to file a successive § 2255 motion. The United States Court of Appeals for the Tenth Circuit granted authorization, and the District of Utah considered the merits. The district court denied relief, concluding the plea waiver barred relief and, alternatively, that the defendant failed to show the sentencing court relied on the residual clause.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the denial of the § 2255 motion. The court held that the defendant did not prove by a preponderance of the evidence that the sentencing court relied on the now-invalid residual clause when applying § 924(c). The court further affirmed that attempted murder qualifies as a “crime of violence” under the still-valid “elements clause” of § 924(c). The Tenth Circuit affirmed the district court’s denial of post-conviction relief. View "United States v. Sandoval-Flores" on Justia Law

While incarcerated in a Colorado state prison, the plaintiff, a practicing member of the Sac & Fox faith, brought suit seeking monetary and injunctive relief. He alleged that certain prison regulations and practices violated his rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act. His claims focused on being denied possession of sacred items, spiritual cleansing of his cell, use of donated firewood for religious ceremonies, and access to faith grounds during and after the COVID-19 pandemic. The plaintiff named numerous officials and employees, including the Governor of Colorado, in both their official and individual capacities.The United States District Court for the District of Colorado denied the Governor’s motion to dismiss the official-capacity claims for injunctive relief, rejecting his assertion of Eleventh Amendment immunity. The Governor argued he lacked the required connection to the challenged regulations to qualify for the Ex Parte Young exception. During the appeal, the plaintiff was transferred to another facility within the Colorado Department of Corrections. The Governor raised the issue of mootness due to this transfer.The United States Court of Appeals for the Tenth Circuit considered whether the claims for injunctive relief against the Governor were moot because of the transfer and whether Eleventh Amendment immunity applied. The court held that the claims were neither constitutionally nor prudentially moot, as the plaintiff’s affidavit showed ongoing exposure to substantially similar conditions at the new facility. The court further held that, under Colorado law and the facts alleged, the Governor had sufficient authority and demonstrated involvement in the challenged practices to satisfy the Ex Parte Young exception. The court therefore affirmed the district court’s denial of Eleventh Amendment immunity and remanded for further proceedings. View "Eaves v. Polis" on Justia Law

A fifth-grade student, J.S., attended a local Oklahoma elementary school where, in August 2022, the administration implemented a policy segregating fifth-grade students into all-boys and all-girls homerooms. J.S. was placed in the boys’ class, taught by Mr. McClain. During the initial weeks, Mr. McClain allegedly targeted J.S. with severe discipline, derogatory language, and inappropriate sexual comments. After J.S. and his parents complained about this treatment and the sex-segregated policy, J.S. was removed from his classroom and placed on a modified schedule, then ultimately withdrawn from the school by his parents, who cited ongoing retaliation and lack of safety. The parents also filed a Title IX complaint, but alleged that the school’s investigation was inadequate and retaliatory actions followed, including public shaming and further mistreatment of J.S.The United States District Court for the Eastern District of Oklahoma granted in part and denied in part various defendants’ motions to dismiss, finding some claims barred by qualified immunity but allowing others to proceed. The court found that school district officials and Mr. McClain could not claim qualified immunity on certain equal protection and retaliation claims, but dismissed some due process and conspiracy claims.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s denial of qualified immunity. The Tenth Circuit held that school officials were entitled to qualified immunity on the procedural due process claim but not on the equal protection claim related to sex-based class segregation. Principal Anderson and Mr. Blair were properly denied qualified immunity on retaliation claims, while others were dismissed. Mr. McClain was granted qualified immunity on the substantive due process claim but not on the equal protection claim for alleged sexual harassment. The court affirmed in part, reversed in part, dismissed in part for lack of jurisdiction, and remanded for further proceedings. View "Stepp v. Lockhart" on Justia Law

A commercial air tour operator, who had previously conducted flights over Bandelier National Monument under interim authority, challenged a final order issued by the Federal Aviation Administration and the National Park Service. This order established an Air Tour Management Plan (ATMP) for Bandelier National Monument, prohibiting all commercial air tours over the site. The agencies’ process included public comment, environmental assessment, and extensive consultation with Native American tribes, who strongly objected to air tours due to cultural and privacy concerns. The operator argued that his flights were minimally intrusive, carefully routed, and brief, and that banning them would negatively impact safety and his business.The agencies initially considered various alternatives, including allowing limited air tours or maintaining previous operations, but ultimately concluded that any commercial air tour flights would create unacceptable impacts to Bandelier’s natural and cultural resources and visitor experience. The agencies’ environmental assessment under the National Environmental Policy Act (NEPA) found no significant impacts for NEPA purposes, but their record of decision emphasized significant adverse impacts to tribal cultural resources under the National Parks Air Tour Management Act (NPATMA).Upon petition for review, the United States Court of Appeals for the Tenth Circuit reviewed the agency action under the Administrative Procedure Act’s “arbitrary and capricious” standard and de novo for statutory interpretation, as required by recent Supreme Court precedent. The court held that NPATMA and NEPA use different significance standards, and that the agency’s path to finding significant adverse impacts under NPATMA was reasonably discernible in the record. The court also rejected the petitioner’s additional statutory and constitutional challenges, finding them either unexhausted or inadequately briefed. The Tenth Circuit denied the petition for review. View "Adams v. FAA" on Justia Law

The plaintiff, who was in his mid-fifties and had decades of restaurant industry experience, was employed by the defendant as a field leader, overseeing several restaurants. He was recognized as a top performer in 2021, with high scores on cleanliness and safety audits. In early 2022, a severe cockroach infestation was reported at one of his assigned restaurants. The infestation was not previously known to him, and he took steps to address it once notified. However, his supervisor observed persistent pest and cleanliness problems at this and other locations within his responsibility. Additionally, site audits found that several of his restaurants failed to meet cleanliness standards within a single week.After these incidents, the plaintiff was terminated for failing to maintain company food safety standards and for not reporting critical breaches promptly. He received termination documentation and final warnings simultaneously. The plaintiff later sued under the New Mexico Human Rights Act, alleging that his termination was due to age discrimination. The defendant removed the case to the United States District Court for the District of New Mexico, which granted summary judgment for the employer, holding that the plaintiff had not shown sufficient evidence that the stated reasons for his firing were a pretext for age discrimination.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the case de novo. The court held that the plaintiff did not present enough evidence that the employer’s justification was pretextual. The evidence failed to show that younger employees with comparable problems were treated more favorably or that the employer’s stated reasons were false or inconsistent. The court emphasized that it would not second-guess business decisions absent evidence of discrimination. The Tenth Circuit affirmed the district court’s grant of summary judgment in favor of the employer. View "Sousa v. Chipotle Services" on Justia Law

A Mexican citizen entered the United States as a child on a temporary tourist visa in 1998 and remained after his visa expired. In 2009, he suffered a traumatic brain injury in a car accident, resulting in significant cognitive and physical disabilities, including impaired memory, judgment, and behavioral control. Following the accident, he had several encounters with law enforcement, leading to arrests and convictions for various offenses. The Department of Homeland Security initiated removal proceedings against him in 2018 for overstaying his visa. He conceded removability but sought protection under the Convention Against Torture (CAT), arguing that, due to his disabilities, he would likely be institutionalized and tortured if returned to Mexico.An Immigration Judge (IJ) found him credible but denied CAT relief, concluding that although he might face harm in Mexico, the evidence did not show it would be inflicted with the specific intent to cause severe pain or suffering as required by the CAT. The IJ determined any likely mistreatment would result from neglect, lack of resources, or insufficient training rather than purposeful torture. The Board of Immigration Appeals (BIA) affirmed, accepting the IJ’s findings and further concluding that the Mexican government’s inconsistent efforts to address abuses did not amount to acquiescence in torture.The United States Court of Appeals for the Tenth Circuit reviewed the BIA’s order. It held that the BIA applied the correct legal standards for specific intent and governmental acquiescence, and that substantial evidence supported the factual findings. The court found no error in the agency’s treatment of the applicant’s and his mother’s testimony or in its assessment of the risk of torture. The court accordingly denied the petition for review. View "Garcia-Botello v. Bondi" on Justia Law

A former oncology account manager for a pharmaceutical company was terminated after refusing to comply with the company’s COVID-19 vaccination mandate. The employee had worked remotely throughout his tenure, and when the mandate was announced, he sought both medical and religious exemptions. In support of his medical exemption, he submitted a doctor’s note referencing permanent nerve damage from a prior vaccine injury and indicating increased risk from COVID-19 vaccination. The company denied both exemption requests and cited business necessity and client demands for vaccination as the reason for his termination.After receiving authorization from the New Mexico Human Rights Bureau to pursue his claims, the employee filed suit in federal court, alleging discrimination and retaliation under the New Mexico Human Rights Act (NMHRA) due to his medical condition and religion, as well as a claim for common law retaliatory discharge. The United States District Court for the District of New Mexico dismissed most claims without prejudice, concluding he failed to plausibly allege a disability or serious medical condition affecting a major life activity, failed to show a causal link between protected activity and termination, and did not identify a specific public policy violated by his discharge. The court also denied his motion to alter or amend the judgment and declined his request for leave to amend the complaint.The United States Court of Appeals for the Tenth Circuit affirmed. It held that the employee’s complaint did not sufficiently allege a disability or serious medical condition under the NMHRA because it did not identify a major life activity that was substantially limited. The court also found that the complaint failed to establish a causal connection for retaliation and did not identify a specific public policy to support a common law claim. The Tenth Circuit also found no abuse of discretion in denying the motions for reconsideration and amendment. View "Spinelli v. Coherus Biosciences" on Justia Law

A group of activists and the Chinook Center, a nonprofit organization, participated in a housing-rights march in Colorado Springs. After the march, the Colorado Springs Police Department (CSPD) launched an investigation targeting some participants. CSPD obtained three search warrants: two related to Jacqueline Armendariz, a protester accused of obstructing an officer by dropping her bike, and one targeting the Chinook Center’s Facebook account. The first Armendariz warrant authorized a search of her home and seizure of her electronic devices. The second allowed a search of data on those devices, including a broad keyword search. The third warrant authorized obtaining all posts, messages, and events from the Chinook Center’s Facebook account for a seven-day period.Armendariz and the Chinook Center filed suit in the United States District Court for the District of Colorado against the City, individual CSPD officers, the FBI, and others, alleging that the warrants were overbroad in violation of the Fourth Amendment’s particularity requirement. They also brought state-law claims, and the Chinook Center alleged a violation of the Stored Communications Act. The district court granted motions to dismiss all claims, concluding that the officers were protected by qualified immunity, the plaintiffs failed to allege plausible constitutional violations, and that municipal liability was unsupported.On appeal, the United States Court of Appeals for the Tenth Circuit reviewed the case. It affirmed the district court’s ruling that the officers were entitled to qualified immunity regarding the warrant to seize Armendariz’s electronic devices. However, the court reversed the grant of qualified immunity to the officers for the second warrant (searching data on Armendariz’s devices) and the Facebook warrant, holding that the plaintiffs had plausibly alleged these warrants were overbroad in violation of their clearly established Fourth Amendment rights. The court also reversed the dismissal of related claims against the City and remanded for further proceedings. The dismissals of Armendariz's claims against the FBI and the United States were affirmed. View "Armendariz v. City of Colorado Springs" on Justia Law