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

Plaintiffs, including Free Speech Coalition, Inc. and others, sought to prevent Utah officials from enforcing a law requiring age verification for online pornography. They argued that the law violated the First Amendment and other constitutional rights. The law allows private parties to sue commercial entities that fail to verify users' ages. Plaintiffs claimed this law imposed unconstitutional restrictions on free speech and sought declaratory and injunctive relief against the Attorney General of Utah and the Commissioner of the Utah Department of Public Safety.The United States District Court for the District of Utah dismissed the case, ruling that the defendants were entitled to Eleventh Amendment immunity. The court found that the defendants did not enforce or give effect to the law, thus the Ex parte Young exception to sovereign immunity did not apply. The district court also noted that the Commissioner’s oversight of a mobile driver's license program did not constitute enforcement of the law, as the program did not yet provide for online age verification.The United States Court of Appeals for the Tenth Circuit affirmed the district court's dismissal. The appellate court agreed that neither the Attorney General nor the Commissioner enforced or gave effect to the law. The court held that the Ex parte Young exception did not apply because the law placed enforcement authority with private individuals, not state officials. The court also found that the Commissioner’s management of the mobile driver's license program was too attenuated to constitute enforcement of the law. Consequently, the court affirmed the dismissal of the plaintiffs' complaint based on Eleventh Amendment immunity. View "Free Speech Coalition v. Anderson" on Justia Law

Scott Lowe was convicted of drug trafficking and unlawful possession of a firearm. He argued that his Fourth Amendment rights were violated when Denver Police Department officers searched a storage unit in his apartment building without a warrant. The search revealed evidence linking him to drug trafficking. Lowe moved to suppress the evidence, claiming a possessory interest in the unit that required a warrant. The district court denied the motion.The United States District Court for the District of Colorado reviewed the case. Lowe had previously pleaded guilty to possession of a firearm by a felon and was on supervised release. His probation officer received tips from a confidential informant about Lowe using a storage unit for hiding narcotics and firearms. Despite Lowe's denials and the property manager's confirmation that he did not rent a storage unit, officers found incriminating evidence in a storage unit on the eighth floor of his apartment building. Lowe was arrested and charged with possession with intent to distribute MDMA, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm as a felon. The district court denied Lowe's motion to suppress the evidence, ruling that he lacked a reasonable expectation of privacy in the storage unit.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the district court's decision, holding that Lowe failed to establish a legitimate expectation of privacy in the storage unit. The court found sufficient evidence to support his conviction and found no legal error in his sentencing. The court also addressed Lowe's challenges regarding the sufficiency of the evidence and the reasonableness of his sentence, ultimately affirming the lower court's rulings. View "United States v. Lowe" on Justia Law

M.G. and C.V., medically fragile children under New Mexico’s Medicaid program, sued the New Mexico Human Services Department (HSD) for failing to provide the private duty nursing (PDN) hours they are entitled to. They sought a preliminary injunction to compel HSD to take good faith steps to provide these hours. The district court granted the injunction, and HSD appealed.The United States District Court for the District of New Mexico found that M.G. and C.V. were consistently not receiving their required PDN hours, which placed them at risk of severe medical harm. The court concluded that M.G. and C.V. were likely to succeed on the merits of their Medicaid Act claims, which mandate the provision of PDN services. The court also found that the children would suffer irreparable harm without the injunction, that the balance of harms favored the plaintiffs, and that the injunction was in the public interest. The injunction required HSD to take specific steps, such as negotiating with managed care organizations and increasing monitoring of PDN hour shortfalls, to provide the necessary PDN hours.The United States Court of Appeals for the Tenth Circuit affirmed the district court’s decision. The appellate court held that M.G. and C.V. had standing to seek injunctive relief and that the district court did not err in its conclusions. The court found that the injunction was not impermissibly vague and that the Supreme Court’s decision in Armstrong v. Exceptional Child Center, Inc. did not preclude the issuance of the injunction. The Tenth Circuit concluded that the district court acted within its discretion in granting the preliminary injunction, given the likelihood of success on the merits, the risk of irreparable harm, the balance of harms, and the public interest. View "M.G. v. Armijo" on Justia Law

Customs and Border Patrol officers seized Sergio Ruiz at the Columbus, New Mexico port of entry with 20.8 kilograms of methamphetamine and an active GPS tracker hidden in his truck’s spare tire. The government used testimony from a confidential informant, Eric Weaver, who identified Ruiz as “Tire Man,” a known narcotics courier. Ruiz argued that the identification should be suppressed due to a suggestive pretrial photo array.The United States District Court for the District of New Mexico denied Ruiz’s motion to suppress the identification. The court found that although the photo array might lean towards being suggestive, Weaver’s identification was reliable under the totality of the circumstances. Weaver had multiple opportunities to observe Ruiz closely and provided consistent and accurate descriptions of him before the photo array. The jury subsequently convicted Ruiz on all counts.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court applied a two-part test to determine if the identification violated Ruiz’s due process rights. First, it assessed whether the photo array was unduly suggestive. Second, it evaluated the reliability of the identification using the Biggers factors. The court concluded that even if the photo array was suggestive, Weaver’s identification was reliable. Weaver had multiple encounters with Ruiz, paid close attention to his appearance, provided accurate descriptions, and expressed confidence in his identification. The court found no substantial likelihood of misidentification and affirmed the district court’s denial of Ruiz’s motion to suppress. View "United States v. Ruiz" on Justia Law

A licensed professional counselor in Colorado challenged the state's Minor Conversion Therapy Law (MCTL), which prohibits mental health professionals from providing conversion therapy to minors. Conversion therapy is defined as any practice attempting to change an individual's sexual orientation or gender identity. The plaintiff argued that the MCTL violates the Free Speech and Free Exercise Clauses of the First Amendment and sought a preliminary injunction to prevent its enforcement.The United States District Court for the District of Colorado denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff had standing but failed to demonstrate a likelihood of success on the merits of her First Amendment claims. The court concluded that the MCTL regulates professional conduct that incidentally involves speech and is therefore subject to rational basis review, which it survives.The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision. The Tenth Circuit held that the MCTL regulates professional conduct by prohibiting a specific therapeutic treatment (conversion therapy) provided by licensed mental health professionals to minors. The court found that the MCTL does not target speech based on its content but regulates the practice of conversion therapy, which incidentally involves speech. The court concluded that the MCTL is subject to rational basis review and serves legitimate state interests in protecting minors from harmful and ineffective therapeutic practices and maintaining the integrity of the mental health profession. The court found that the MCTL is rationally related to these interests, as the record showed that conversion therapy is harmful to minors and lacks clinical utility. View "Chiles v. Salazar" on Justia Law

Corey McNellis, a former Athletic Director and Assistant Principal at Ponderosa High School in the Douglas County School District (DCSD), was placed on administrative leave and subsequently terminated after expressing reservations about a school play, "The Laramie Project," in a staff email chain. McNellis offered to add a "Christian perspective" to the production, which led to his investigation and termination.McNellis sued DCSD in the United States District Court for the District of Colorado, alleging First Amendment retaliation under 42 U.S.C. § 1983, and religious discrimination and retaliation under Title VII and Colorado law. The district court dismissed the case under Federal Rule of Civil Procedure 12(b)(6), finding that McNellis failed to state a plausible claim for relief.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court affirmed the dismissal of McNellis's First Amendment retaliation claim, concluding that his speech was made pursuant to his official duties and not as a private citizen. The court also affirmed the dismissal of his retaliation claims under Title VII and CADA, finding that McNellis failed to plausibly allege a causal connection between his complaints about the investigation and his termination.However, the Tenth Circuit reversed the dismissal of McNellis's discrimination claims under Title VII and CADA. The court found that McNellis had plausibly alleged that his termination was linked to his religious comments, which could give rise to an inference of discrimination. The case was remanded for further proceedings on these claims. View "McNellis v. Douglas County School District" on Justia Law

Two defendants, Kevin Lewis and Otis Ponds, were involved in a large-scale drug trafficking conspiracy in Wichita, Kansas. Lewis was convicted at trial, while Ponds pleaded guilty but reserved the right to appeal on specific issues. Both defendants challenged the government's actions, including alleged violations of their Sixth Amendment right to a speedy trial and the validity of wiretap evidence used against them.The United States District Court for the District of Kansas initially set Lewis's trial for May 2020, but delays ensued due to the complexity of the case and the COVID-19 pandemic. The court declared the case complex, which extended the timeline for discovery. A significant delay was attributed to the FBI's use of a pole camera that recorded over 10,000 hours of footage, which defense counsel had to review. Ponds was arrested later and joined the case in March 2021. Both defendants filed motions to dismiss the indictment on speedy-trial grounds, which the district court denied, citing the complexity of the case and lack of specific prejudice to the defendants.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court found that while the delay was presumptively prejudicial, it was not unreasonable given the case's complexity. The court held that the government was responsible for some delay due to the extensive pole-camera footage but noted that the defendants failed to show specific prejudice from the delay. The court also upheld the district court's denial of the motions to suppress wiretap evidence, finding that the wiretap application was properly authorized by a statutorily approved DOJ official, despite challenges to the legibility of the signature.The Tenth Circuit affirmed the district court's judgment, including Lewis's 420-month sentence, finding it substantively reasonable given his significant role in the drug conspiracy and criminal history. View "United States v. Lewis" on Justia Law

The defendant, Elijah Dewayne Hicks, shot and killed his cousin, Timothy Ray Buckley, in the middle of a residential street. Buckley, who had a history of violence when intoxicated, was drunk at the time. Hicks claimed self-defense, stating that Buckley had knocked out his girlfriend and charged at him. The government argued that Hicks intentionally murdered Buckley due to a personal grudge, highlighting that Hicks had non-lethal alternatives available.The United States District Court for the Eastern District of Oklahoma tried the case. The jury found Hicks guilty on all counts: second-degree murder, use of a firearm during a crime of violence, and causing death in the course of a § 924(c) offense. Hicks was sentenced to concurrent 240-month sentences for the murder and causing death charges, plus a mandatory 120-month consecutive sentence for the firearm charge. Hicks appealed, arguing that the district court erred in its jury instructions, particularly by not instructing the jury that he had no legal duty to retreat or exhaust alternatives before acting in self-defense.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the district court's failure to instruct the jury on the lack of a duty to retreat or exhaust alternatives deprived the jury of critical legal guidance, thereby prejudicing Hicks' self-defense claim. The Tenth Circuit found that the jury instructions were inadequate and reversed the convictions, remanding the case for a new trial. The court emphasized that Hicks was entitled to an instruction clarifying that he had no legal duty to retreat or consider alternatives before using deadly force in self-defense. View "United States v. Hicks" on Justia Law

The defendant, Jose Pena, was accused of inducing his minor daughter to engage in sexual activity and recording it. Using a Facebook alias, "Jaime Peres," Pena initiated an online relationship with his daughter, Jane Doe, and later coerced her into recording sexual acts with him by threatening her with fabricated cartel violence. Jane reported the incidents to her school, leading to Pena's arrest and confession during a police interview.The United States District Court for the District of New Mexico denied Pena's motion to suppress his confession, finding it voluntary under the totality of the circumstances. The court noted that law enforcement did not overbear Pena's will despite using various interrogation tactics. A jury subsequently convicted Pena of inducing a minor to engage in sexual activity and producing child pornography.The United States Court of Appeals for the Tenth Circuit reviewed the district court's denial of the motion to suppress. The appellate court upheld the lower court's decision, agreeing that the confession was voluntary. The court found that law enforcement's conduct, while at times troubling, did not critically impair Pena's capacity for self-determination. The court also determined that any potential error in admitting the confession was harmless beyond a reasonable doubt due to overwhelming evidence of Pena's guilt, including DNA evidence, video recordings, and digital forensic evidence linking him to the alias "Jaime Peres."The Tenth Circuit affirmed the district court's decision, concluding that Pena's confession was voluntary and that the evidence against him was sufficient to uphold the conviction. View "United States v. Pena" on Justia Law

Wanda Bowling entered into a contract with the Interstate Medical Licensure Compact Commission to manage its information technology functions. When the contract ended, Bowling allegedly withheld login information for three online accounts, leading the Commission to sue for breach of contract. Bowling counterclaimed for libel and misclassification of her employment status. The district court dismissed the misclassification counterclaim and granted summary judgment to the Commission on all other claims.The United States District Court for the District of Colorado dismissed Bowling's counterclaim for misclassification and denied her motion to amend it, citing untimeliness. The court also granted summary judgment to the Commission on its breach of contract claim, concluding that Bowling's login information constituted intellectual property and that she had breached the contract by not certifying the erasure of confidential information. The court awarded the Commission $956.67 in damages. Additionally, the court granted summary judgment on Bowling's libel counterclaim, citing a qualified privilege defense.The United States Court of Appeals for the Tenth Circuit reviewed the case. It affirmed the district court's finding of subject-matter jurisdiction, holding that the Commission had adequately alleged damages exceeding $75,000. However, the appellate court found that the contract was ambiguous regarding whether the login information constituted intellectual property or other materials covered by the contract, and that there was a genuine dispute of material fact regarding the damages. Therefore, it reversed the summary judgment on the breach of contract claim. The court also upheld the district court's denial of Bowling's motion to amend her counterclaim for misclassification, finding no abuse of discretion.On the libel counterclaim, the appellate court agreed that the district court erred in granting summary judgment based on a qualified privilege without giving Bowling notice. However, it affirmed the summary judgment on the grounds that the Commission's statements were substantially true. The case was affirmed in part, reversed in part, and remanded for further proceedings. View "Interstate Medical Licensure Compact Commission v. Bowling" on Justia Law