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

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

Two boys from Grand Junction, Colorado, were sexually abused by Michael Tracy McFadden over several years. McFadden, who was distantly related to one boy (J.W.) and a close family friend to the other (K.W.), provided necessities and luxuries to the boys, ingratiating himself with their families. The boys frequently stayed at McFadden’s house, where he assaulted them during the night. McFadden also took the boys on interstate trucking trips, during which he continued the abuse.McFadden was initially convicted in Colorado state court on nineteen counts of child-sex abuse, but the Colorado Court of Appeals dismissed the charges due to a violation of his speedy-trial rights. Subsequently, a federal grand jury charged McFadden with five counts related to his sexual abuse of J.W. and K.W. across state lines. The United States District Court for the District of Colorado admitted a video recording of K.W.’s 2013 forensic interview under Rule 807, despite McFadden’s objections. The jury convicted McFadden on all counts, and he was sentenced to concurrent life sentences.The United States Court of Appeals for the Tenth Circuit reviewed McFadden’s appeal, which argued that evidentiary errors and a mistake in his Guidelines calculation warranted a new trial and resentencing. The court found that the district court erred in admitting the 2013 forensic-interview video under Rule 807 but deemed the error harmless. The court also upheld the district court’s exclusion of an audio recording of K.W.’s 2018 interview and rejected McFadden’s claims of improper vouching by witnesses. Finally, the court affirmed the application of a two-level undue-influence enhancement to McFadden’s sentence under U.S.S.G. § 2G1.3(b)(2)(B). The Tenth Circuit affirmed McFadden’s conviction and sentence. View "U.S. v. McFadden" on Justia Law

Plaintiff sued multiple officers from the Mesa County Sheriff's Office and Grand Junction Police Department under 42 U.S.C. § 1983, alleging Fourth and Fifth Amendment violations. The officers executed a search warrant for a stolen Sno-Cat at Plaintiff's property, which included a garage and an attached residence. Believing the Sno-Cat was in the garage, officers obtained a search warrant and returned with SWAT units. Without knocking or announcing their presence, they fired chemical munitions into the residence, causing significant property damage. The search revealed no humans, only a dog, and Plaintiff claimed over $50,000 in damages.The United States District Court for the District of Colorado dismissed Plaintiff's complaint, granting qualified immunity to the defendants. The court relied on documents outside the complaint, including a search warrant, supporting affidavit, and an after-action report (AAR), despite Plaintiff's objections. Plaintiff then filed a First Amended Complaint (FAC), which the district court also dismissed, again granting qualified immunity and considering the same external documents.The United States Court of Appeals for the Tenth Circuit reviewed the case de novo. The court found that the district court erred by considering the AAR without converting the motion to dismiss into a motion for summary judgment and allowing for discovery. The Tenth Circuit concluded that Plaintiff plausibly alleged individual actions by each defendant and that the officers exceeded the scope of the search warrant by entering the residence, which could not house the Sno-Cat. The court also found that the officers violated clearly established Fourth Amendment rights by failing to knock and announce their presence and using excessive force without exigent circumstances. The Tenth Circuit reversed the district court's dismissal and remanded for further proceedings. View "Cuervo v. Sorenson" on Justia Law