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

Shawna Tanner, the plaintiff below, appealed an adverse ruling on summary judgment. Tanner was approximately 35 weeks pregnant and in custody at the Metropolitan Detention Center in Bernalillo County, New Mexico when she went into the final stages of her pregnancy. Over the ensuing thirty hours, commencing with the point at which her water broke, Appellees—employees of a nationwide private medical contractor—ignored and minimized her symptoms, refused to transport her to a hospital, and failed to conduct even a cursory pelvic examination. Only minimal attention was given to her: water, Tylenol, and sanitary pads. After thirty hours of pain and trauma, Tanner gave birth to her son. The child was born with his umbilical cord wrapped around his neck. He was not breathing. He had no pulse. This appeal considered whether full-time employees of a for-profit, multi-state corporation organized to provide contract medical care in detention facilities may assert a qualified immunity defense to shield themselves from 42 U.S.C. 1983 liability. The Tenth Circuit found neither historical justifications of special government immunity nor modern policy considerations supported the extension of a qualified immunity defense to Appellees. Judgment was reversed and the matter remanded for further proceedings. View "Tanner v. McMurray" on Justia Law

This case arose from the tragic death of 21-year-old Madison Jensen while in custody of the Duchesne County Jail. Jensen was arrested after her father alerted law enforcement to her drug use and possession of drug paraphernalia. Her estate brought this action for deprivation of civil rights under color of state law. The district court granted summary judgment in favor of the county and qualified immunity to jail supervisors and staff, but denied qualified immunity to jail medical personnel, Defendants-Appellants (Nurse) Jana Clyde and Dr. Kennon Tubbs. The district court held that genuine issues of material fact precluded qualified immunity on the Estate’s claims of: (1) deliberate indifference to serious medical needs against Nurse Clyde; and (2) supervisory liability against Dr. Tubbs. The Tenth Circuit ultimately concluded that when an individual’s sole purpose was “to serve as a gatekeeper for other medical personnel,” and that person delays or refuses to fulfill the gatekeeper role, he may be liable for deliberate indifference. Clyde was the gatekeeper in this case, and she failed to fulfill that role when she chose to give Jensen Gatorade instead of calling Dr. Tubbs or PA Clark. Accordingly, Clyde was given sufficient notice that what she was doing violated Jensen’s rights to medical care. The Court affirmed as to Clyde and reversed as to Dr. Tubbs. View "Estate of Madison Jody Jensen v. Clyde" on Justia Law

Defendant-Appellant Justin Foust appealed his conviction on six counts of wire fraud, and one count each of aggravated identity theft and money laundering. He was sentenced to 121 months’ imprisonment and three years’ supervised release. Foust’s company, Platinum Express, LLC, submitted false and fraudulent invoices to its customer, Chesapeake Energy Corporation (“Chesapeake”). Chesapeake identified more than $4.5 million that it had paid out on these invoices. Foust did not deny that the invoices were improper and that Platinum Express had not performed the work. But he denied that he had forged the signatures and employee identification numbers of Chesapeake employees. A handwriting expert testified otherwise regarding invoices associated with Chesapeake employee Bobby Gene Putman. The jury convicted Foust on the wire-fraud and aggravated-identity-theft counts associated with these invoices. On appeal, Foust argued the district court abused its discretion by allowing the handwriting expert to testify at trial. He contended: (1) the government did not adequately show that the expert’s methodology was reliable; and (2) the handwriting expert used unreliable data in reaching his opinion. Finding no abuse of discretion, the Tenth Circuit affirmed the district court judgment. View "United States v. Foust" on Justia Law

Defendant Aaron Mercado-Gracia challenged his three convictions for drug trafficking, conspiring to traffic drugs, and using a firearm in relation to a drug-trafficking offense. In upholding his convictions, the Tenth Circuit found the district court did not err in denying Mercado-Gracia’s motion to suppress evidence discovered as the result of a traffic stop. The traffic stop evolved into a consensual encounter during which the police officer developed reasonable suspicion to believe Mercado-Gracia was involved in drug trafficking. That reasonable suspicion justified a brief investigative detention, during which the officer deployed his drug-sniffing dog, which alerted, leading to the discovery of a gun and two kilograms of heroin in the car Mercado-Gracia was driving. Furthermore, the district court did not abuse its discretion in denying Mercado-Gracia’s request to play during voir dire a video to educate prospective jurors on implicit bias. Thus, finding no reversible error, the Tenth Circuit affirmed Mercado-Gracia's convictions. View "United States v. Mercado-Gracia" on Justia Law

Ronald Throupe, a Professor of Real Estate at the University of Denver ("DU"), brought an employment discrimination claim under Title IX against DU as well as several faculty and staff members. In 2013, Throupe was a candidate to serve as director of the Real Estate and Construction Management department. DU ultimately hired outside of the school, bringing in Barbara Jackson to lead the department. According to Throupe, upon Jackon’s arrival, she made clear in conversations with professors, she would force some of the tenured real estate faculty members to leave. In 2014, the University Title IX office was contacted multiple times about Throupe's relationship with a foreign graduate student. In an email to University officials, Jackson concluded "Ron believes he has done nothing but help this girl, but his behaviors have been totally unprofessional and inappropriate, his father/daughter views perverted, and his obsession out of control." The Title IX investigator and DU’s Manager of Equal Employment had a follow-up meeting with Throupe. Afterward, he sent an email to the Manager of Equal Employment formally reporting a hostile work environment. When Throupe later asked whether any actions had been taken in response to his report, the investigator told Throupe his claim “did not result in any formal investigation by the Office of Equal Employment.” However, the school issued him a written warning, admonishing him from further contact with the student. Throupe maintained that Jackson continued to harass him even after the written warning. The district court granted summary judgment for the defendants. Although Throupe had dedicated little space in his briefing to arguing any theory of sex discrimination, the district court identified two theories of sex discrimination in Throupe’s argument: that defendants created a hostile work environment and engaged in disparate treatment against him. But the court determined that Throupe had failed to establish a prima facie case of sex discrimination under either of these theories. Having dismissed Throupe’s sole federal claim, the district court declined to consider the remaining state law claims due to lack of subject-matter jurisdiction. The Tenth Circuit affirmed the district court’s grant of summary judgment, specifically concluding the district court did not err in concluding that Throupe failed to raise a triable issue of fact as to whether he was discriminated against on the basis of his sex. View "Throupe v. University of Denver" on Justia Law

Defendant Nabeel Aziz Khan (“Nabeel”) and his brother, Defendant Dr. Shakeel Kahn were convicted by a Wyoming jury on drug trafficking and money laundering charges. Defendants were tried together; they appealed separately, but because their appeals raised several overlapping issues, the Tenth Circuit addressed both appeals in this opinion. In 2008, Dr. Kahn started a medical practice in Ft. Mohave, Arizona. Later that year, Nabeel arrived in Arizona and began assisting with managing Dr. Kahn’s practice. After Nabeel’s arrival, Dr. Kahn’s practice shifted towards pain management. Dr. Kahn regularly prescribed patients various controlled substances. The prescriptions he wrote aligned closely with what patients were able to pay, rather than the patients’ medical need; when patients were prescribed more pills, Dr. Kahn charged more for his medical services, and when patients could not afford the price of the prescription, Dr. Kahn prescribed fewer pills, or withheld a prescription entirely. The price of prescriptions also closely tracked the “street price” of the pills. In addition to shifting towards pain management, Dr. Kahn’s practice also shifted to a primarily “cash-only” basis, although he also accepted payment in personal property, including firearms. Many of Dr. Kahn’s patients sold pills so they could afford their prescriptions. Beginning in late 2012, pharmacies in the Ft. Mohave area began refusing to fill prescriptions issued by Dr. Kahn. In 2015, he opened a second practice in Casper, Wyoming. During that time, Dr. Kahn continued to travel to Arizona to see patients about once per month; other patients travelled to Wyoming to see Dr. Kahn. Nabeel primarily resided at Dr. Kahn’s Arizona residence, and acted as office manager for the Arizona office. Dr. Kahn’s wife, Lyn Kahn, acted as office manager for the Wyoming office. In 2016, the government investigated Dr. Kahn's prescribing practices, which lead to a search warrant executed on Dr. Kahn's Wyoming residence, his Arizona residence, and a separate business he and his wife owned in Wyoming, "Vape World." Reviewing defendants' challenges, the Tenth Circuit concluded the trial court committed no reversible errors and affirmed defendants' convictions. View "United States v. Khan" on Justia Law

At issue in this appeal was whether a police search of defendant Mathias Mora's home violated the Fourth Amendment. Officers responded to a 911 call reporting that dozens of people exited the back of a tractor trailer behind a supermarket. When officers arrived, the trailer was gone. But officers found fourteen people lacking identification; none of the captured passengers suggested that the driver, or anyone else, took any passengers to another location. Officers soon discovered a trailer matching the 911 caller’s description in a nearby Walmart parking lot. Officers opened the trailer’s rear doors to find it empty, except for a bottle apparently containing urine and the smell of body odor. Officers did not open the locked cab door. Officers learned the trailer was registered to Defendant, proceeded to his home, and placed Defendant and his wife under arrest. Mrs. Mora denied the officers permission to search the home. Even so, officers conducted a warrantless search (protective sweep) of the home after consulting with the U.S. Attorney’s Office “to ensure the safety of agents” and “the safety of other potential undocumented immigrants.” Although they did not find any people, officers noticed what they believed to be a gun safe and ammunition containers. Officers also learned that Defendant was a felon, which would make him a prohibited possessor. The government obtained a warrant to search Defendant’s home for evidence of alien smuggling and prohibited possession of a firearm or ammunition. A subsequent search turned up both firearms and ammunition. Defendant ultimately pled guilty to two counts of alien smuggling and one count of being a felon in possession of a firearm, for which he was sentenced to 32 months for smuggling and 48 months for gun possession, all to run concurrently. Defendant appealed the denial of his suppression motion, which related only to his felon in possession conviction. Finding officers lacked probable cause to search Defendant's home, the district court's suppression order was reversed and the matter remanded for further proceedings. View "United States v. Mora" on Justia Law

Appellant Victor Kearney was the lifetime income beneficiary of two spendthrift trusts when he filed for bankruptcy in 2017. The United States Trustee’s office appointed an unsecured creditors committee (“UCC”) which proposed a reorganization plan contemplating a one-time trust distribution to pay off appellant's debts. After a New Mexico state court modified the trusts to authorize the distribution, the bankruptcy court approved the plan. Appellant appealed. The Bankruptcy Appellate Panel (“BAP”) of the Tenth Circuit concluded that the bankruptcy court did not deny appellant due process, made no errors in its findings of fact, and did not abuse its discretion in settling appellant's claims. On appeal of that decision, appellant argued that using spendthrift trust assets to fund the reorganization plan violated the trusts’ spendthrift provision and the law, and that approving the settlement of his claims amounted to an abuse of the bankruptcy court’s discretion. Finding no reversible error, the Tenth Circuit affirmed the BAP. View "Kearney v. Unsecured Creditors Committee" on Justia Law

Defendant-appellant Ronald Benton was convicted by jury of one count of possession of a firearm by a person convicted of a misdemeanor crime of domestic violence. The district court imposed a sentence based on the penalty found in 18 U.S.C. 924(a)(2). Benton challenges his conviction on multiple grounds. The Tenth Circuit found that each of those grounds was predicated on accepting his proposed interpretation of the Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191 (2019). Specifically, Benton argued that, under Rehaif, the government was required to prove not only that he knew he was a domestic violence misdemeanant, but also that he knew that status prohibited him from possessing a firearm. Benton contended his conviction had to be vacated because the jury was not instructed it must find he knew he was prohibited from possessing a firearm, and because the government presented insufficient evidence concerning his knowledge that he was so prohibited. To this, the Tenth Circuit rejected Benton’s interpretation of Rehaif, holding that in a prosecution under sections 922(g) and 924(a)(2), the government need not prove a defendant knew his status under section 922(g) prohibited him from possessing a firearm. Instead, the only knowledge required for conviction was that the defendant knew: (1) he possessed a firearm; and (2) had the relevant status under section 922(g) at the time of his possession. Because the Court rejected Benton’s proposed interpretation of Rehaif, the Court further rejected his challenges to the jury instructions and the sufficiency of the evidence. View "United States v. Benton" on Justia Law

In 2013, a refinery unit (“Unit”) at the Sinclair Wyoming Refinery Co. (“Sinclair”) in Sinclair, Wyoming caught fire and exploded because its “FV-241” control valve fractured and released flammable hydrogen gas. A high temperature hydrogen attack (“HTHA”) weakened the valve and caused the fracture. FV-241 was made from carbon steel, which was more susceptible to HTHA than stainless steel. Sinclair had purchased the Unit in 2004. Sinclair moved the Unit from California to Wyoming and converted it from its previous use to a hydrotreater, a refinery unit that introduced hydrogen to remove impurities from the product stream. Sinclair contracted the design, engineering, and construction work to other companies. During the moving and conversion process, FV-241 was remanufactured and installed on the Unit. Sinclair brought a diversity action against seven companies involved in dismantling the Unit, converting it to a hydrotreater, rebuilding it in Wyoming, and remanufacturing and installing FV-241. Sinclair alleged various contract and tort claims. The district court granted several motions to dismiss and motions for summary judgment that eliminated all of Sinclair’s claims. The court also entered summary judgment in favor of certain Defendants’ indemnity counterclaim. Although its analysis diverged from the district court's judgment in some respects, the Tenth Circuit affirmed orders dismissing or granting summary judgment on all of Sinclair's claims, and granting summary judgment on the indemnity counter claim. View "Sinclair Wyoming Refining v. A & B Builders" on Justia Law