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

Petitioner Kelly Gonzalez Aguilar was a transgender woman from Honduras. She came to the United States and applied for asylum, withholding of removal, and deferral of removal. In support, Kelly claimed she had been persecuted by family, feared further persecution from pervasive discrimination and violence against transgender women in Honduras, and would likely be tortured if she returned to Honduras. In denying asylum, an immigration judge found no pattern or practice of persecution. Kelly appealed the denial of each application, and the Board of Immigration Appeals dismissed the appeal. The dismissal led Kelly to petition for judicial review to the Tenth Circuit Court of Appeals, which granted the petition. "On the asylum claim, any reasonable adjudicator would be compelled to find a pattern or practice of persecution against transgender women in Honduras." View "Gonzalez Aguilar v. Garland" on Justia Law

Plaintiff-appellee Gregory Heard sued Denver Police Officer Greg Dulayev and the City and County of Denver (“the City”) pursuant to 42 U.S.C. 1983 (collectively, “defendants”). Heard claimed Dulayev used excessive force in violation of the Fourth Amendment during an event that took place in June 2016. Heard further claimed this alleged constitutional violation was a foreseeable consequence of the City’s alleged failure to train, supervise, and discipline its employees, including Dulayev, with respect to the use of force. Dulayev and the City moved for summary judgment on Heard’s two claims. The district court denied defendants’ motion, and defendants appealed. Finding jurisdiction over part of Dulayev’s appeal, the Tenth Circuit denied in part Heard’s motion to dismiss. As to the substance of the appeal, the Court held Heard failed to show Dulayev’s use of the Taser violated a constitutional right clearly established at the time where Dulayev had ordered Heard to crawl, threatened to use his Taser, and repeatedly ordered Heard to stop, but where Heard still continued to approach Dulayev. The the district court’s denial of summary judgment as to Dulayev was reversed, and that issue was remanded with instructions to grant Dulayev qualified immunity and for entry of judgment in Dulayev’s favor. However, because the Court resolved the claim against Dulayev by finding that it was not clearly established that his conduct amounted to a constitutional violation, it declined to exercise pendent jurisdiction over the City’s appeal. View "Heard v. Dulayev, et al." on Justia Law

Defendant-Appellant John Michael McIntosh pled guilty to five counts of robbery, plus three counts of brandishing a pistol during those five robberies. During the change-in-plea hearing held by the district court, however, McIntosh repeatedly expressed doubts about whether he should plead guilty and suggested that his mental capacity was impaired. After off-the-record discussions with the government, he finally went forward with the plea and the district court completed its plea colloquy. But two months after entering the plea, McIntosh moved to withdraw it, contending that the plea was neither knowing nor voluntary and therefore violated his constitutional due process rights. The district court denied the motion and accepted the plea agreement at sentencing. McIntosh appealed, arguing that the plea was constitutionally invalid, and in the alternative, that the denial of his motion to withdraw the plea was an abuse of discretion. After review, the Tenth Circuit found that the district court failed to ensure the plea was knowingly and voluntarily made, so it vacated McIntosh’s convictions and remanded for further proceedings. View "United States v. McIntosh" on Justia Law

Bimbo Bakeries USA, Inc. (“Bimbo Bakeries”) owned, baked, and sold Grandma Sycamore’s Home-Maid Bread (“Grandma Sycamore’s”). Bimbo Bakeries alleged that United States Bakery (“U.S. Bakery”), a competitor, and Leland Sycamore (“Leland”), the baker who developed the Grandma Sycamore’s recipe, misappropriated its trade secret for making Grandma Sycamore’s. The district court granted summary judgment in favor of U.S. Bakery on a trade dress infringement claim. The parties went to trial on the other two claims, and the jury returned a verdict in favor of Bimbo Bakeries on both. After the trial, the district court denied U.S. Bakery’s and Leland’s renewed motions for judgment as a matter of law on the trade secrets misappropriation and false advertising claims. The district court did, however, remit the jury’s damages award. All parties appealed. Bimbo Bakeries argued the district court should not have granted U.S. Bakery summary judgment on its trade dress infringement claim and should not have remitted damages for the false advertising claim. U.S. Bakery and Leland argued the district court should have granted their renewed motions for judgment as a matter of law, and Leland made additional arguments related to his personal liability. The Tenth Circuit affirmed in part, reversed in part, and remanded for further proceedings because the Court found all of Bimbo Bakeries’ claims failed as a matter of law. View "Bimbo Bakeries USA, et al. v. Sycamore, et al." on Justia Law

The Ute Indian Tribe of the Uintah and Ouray Reservation (“the Tribe”) temporarily banished Angelita Chegup, Tara Amboh, Mary Jenkins, and Lynda Kozlowicz (“the banished members”). The banished members did not challenge their temporary banishment in a tribal forum, but instead sought relief in federal court by filing a petition for habeas corpus. The banished members contended that, because they were excluded from the reservation by virtue of their banishment, they were “detained” within the meaning of the Indian Civil Rights Act of 1968 (“ICRA”). The district court disagreed and dismissed the suit without considering the Tribe’s alternative position: that the court could not consider the claims at all because the banished members failed to exhaust their tribal remedies. On appeal, the Tenth Circuit Court of Appeals concurred with the district court: "Even though tribal exhaustion is non-jurisdictional, and courts may often choose between threshold grounds for denying relief, we think that under the unique circumstances of this case there was a right choice." Because the district court neither began its analysis with tribal exhaustion nor reached that issue in the alternative, the Tenth Circuit remanded for it to be decided in the first instance. View "Chegup, et al. v. Ute Indian Tribe of the Uintah, et al." on Justia Law

Wayne Bowker died at the Carter County Jail on June 30, 2016, while awaiting trial for a drug possession charge. In the days and weeks preceding his death, Bowker did not receive several of his prescribed medications, experienced incontinence and catatonia, and was able to communicate with jail staff only by using strange repetitive phrases. Despite Bowker’s condition, jail officials failed to provide any medical attention in the nineteen days leading up to his death. His mother, Judy Prince, as the administrator of his estate, filed suit under 42 U.S.C. 1983 alleging violations of the Eighth and Fourteenth Amendments to the United States Constitution, and other claims. The issue this case presented for the Tenth Circuit's review centered on whether the district court properly granted summary judgment on qualified immunity grounds to jail nurse Kimberlee Miller in her individual capacity, and whether it properly granted summary judgment to the Sheriff of Carter County in his official capacity. The Court concluded a reasonable jury could determine Miller violated Bowker’s constitutional right by acting with deliberate indifference toward his psychosis, incontinence, and catatonia. In addition, a reasonable jury could have concluded that Carter County’s failure to medically train jail employees, adequately staff the jail, and provide timely medical attention caused Bowker’s death. The Court reversed district court’s grants of summary judgment. View "Prince v. Sheriff of Carter County, et al." on Justia Law

Plaintiffs Robin Thornton and Michael Lucero alleged defendants Tyson Foods, Inc., Cargill Meat Solutions, Corp., JBS USA Food Company, and National Beef Packing Company, LLC, used deceptive and misleading labels on their beef products. In particular, plaintiffs contended the “Product of the U.S.A.” label on defendants’ beef products was misleading and deceptive in violation of New Mexico law because the beef products did not originate from cattle born and raised in the United States. The Tenth Circuit Court of Appeals determined the federal agency tasked with ensuring the labels were not misleading or deceptive preapproved the labels at issue here. In seeking to establish that defendants’ federally approved labels were nevertheless misleading and deceptive under state law, plaintiffs sought to impose labeling requirements that were different than or in addition to the federal requirements. The Tenth Circuit concluded plaintiffs’ deceptive-labeling claims were expressly preempted by federal law. Further, the Court agreed with the district court that plaintiffs failed to state a claim for false advertising. View "Thornton, et al. v. Tyson Foods, et al." on Justia Law

During a drug trafficking investigation, Drug Enforcement Administration (DEA) agents used authorized wiretaps to intercept Jorge Portillo-Uranga’s communications. After he was arrested and charged with drug trafficking crimes, Portillo-Uranga moved to suppress all evidence obtained from the wiretaps. He claimed, among other things, that: (1) the government failed to establish its investigative need for the wiretaps; and (2) the interception of his communications occurred outside the authorizing court’s territorial jurisdiction. After the district court denied his motion, Portillo-Uranga pleaded guilty but reserved the right to appeal the denial of the suppression motion. At sentencing, the district court applied a two-level sentencing enhancement for firearms possession because DEA agents found firearms and indicia of drug trafficking throughout Portillo- Uranga’s ranch when they arrested him. To the Tenth Circuit Court of Appeals, Portillo-Uranga contended the district court erred by denying his motion to suppress and by applying the sentencing enhancement for firearms possession. The Court found the district court did not err in finding the government established a need for the wiretaps, and the interception in Kansas satisfied controlling Tenth Circuit caselaw regarding territorial jurisdiction. The government also established a nexus between the firearms located on Portillo-Uranga’s ranch and the drug trafficking charges. Accordingly, judgment was affirmed. View "United States v. Portillo-Uranga" on Justia Law

Plaintiff Equal Employment Opportunity Commission (EEOC) filed suit against defendant Roark-Whitten Hospitality 2 (RW2) seeking relief for what the EEOC alleged were unlawful employment practices by RW2 on the basis of race, color, national origin, and retaliation. Those unlawful employment practices allegedly occurred after RW2 purchased and began operating a hotel in Taos, New Mexico in 2009. The aggrieved employees were all employed at the hotel prior to RW2’s purchase, and were all either terminated or constructively discharged at some point after the purchase. After the action was initiated, the EEOC filed amended complaints seeking to add as defendants two additional entities, Jai Hanuman, LLC (Jai), which purchased the hotel from RW2 in 2014, and SGI, LLC (SGI), which purchased the hotel from Jai in 2016. The district court dismissed the EEOC’s claims against SGI on the grounds that the EEOC failed to adequately allege a basis for successor liability against SGI. As for RW2 and Jai, the district court, acting pursuant to a motion for civil contempt filed by the EEOC, entered default judgment against them and then conducted a hearing on the issue of damages. After conducting that hearing, the district court dismissed the EEOC’s claims against Jai on the grounds that the EEOC failed to adequately allege a basis for successor liability against Jai, and it ordered RW2 to pay compensatory damages to the EEOC in the total amount of $35,000. The EEOC appealed, arguing: (1) the district court erred in dismissing its claims against defendants SGI and Jai; and (2) the district court erred in awarding only $35,000 in compensatory damages for the eleven aggrieved individuals. After review, the Tenth Circuit reversed the district court’s dismissal of the EEOC’s claims against defendant SGI, affirmed the district court’s dismissal of the EEOC’s claims against defendant Jai, reversed the district court’s damage award against defendant RW2, and remanded for further proceedings. View "EEOC v. Roark-Whitten Hospitality, et al." on Justia Law

Three teaching hospitals challenged the denial of Medicare reimbursements. At that time, a teaching hospital could obtain reimbursement only by incurring “substantially all” of a resident’s training costs. Because the teaching hospitals had shared the training costs for each resident, the government denied reimbursement. The denials led the teaching hospitals to file administrative appeals. While they were pending, Congress enacted the Affordable Care Act (ACA), which created a new standard for reimbursement. The parties disagreed on whether the ACA’s new standard applied to proceedings reopened when Congress changed the law. The agency answered no, and the district court granted summary judgment to the agency. Finding no reversible error in that decision, the Tenth Circuit affirmed. View "St. Francis Hospital, et al. v. Becerra" on Justia Law