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| Ahmad v. Furlong, No. 04-1450,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Where defendants raised the affirmative defense of qualified immunity in their motion for summary judgment, but not in their answer, and the plaintiff's response to the summary judgment motion addressed the defense, the district court erred in barring the defendants from raising the defense because the plaintiff was not prejudiced.
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| Berry v. Oklahoma, No. 05-6185,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Petitioner's application for a certificate of appealability was denied as the district court's procedural ruling that dismissed petitioner's 28 U.S.C.S. § 2241 petition as untimely was not reasonably debatable.
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| Cloud v. Brill, No. 05-1398,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: An inmate's request for a certificate of appealability under 28 U.S.C.S. § 2253(c)(2) to challenge the dismissal of a 28 U.S.C.S. § 2254 habeas corpus petition was denied because the inmate failed to exhaust state court remedies as required by 28 U.S.C.S. § 2254(b)(1)(A) where he failed to directly appeal following his resentencing proceedings.
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| Colo. Wild v. United States Forest Serv., No. 05-1265,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Where appellate court held that it could not substitute its views on statistics for those of Forest Service and insist that one measure or another be used, and the Forest Service's decision to confine its analysis to those timber harvest projects that contained temporary road construction was not arbitrary or capricious, court affirmed decision.
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| Hayward v. Brill, No. 04-1520,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Court of appeals affirmed district court's judgment dismissing former state inmate's action under 42 U.S.C.S. § 1983, alleging that prison officials and medical staff did not provide him with adequate medical care, because inmate did not comply with PLRA's requirement that he exhaust his administrative remedies under state law before he filed suit.
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| Lynch v. O'Dell, No. 05-6229,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: A certificate of appealability to challenge the denial of a 28 U.S.C.S. § 2254 habeas petition was denied because the conclusion that, under the preponderance of the evidence standard applicable to revocation of suspended sentences, a reasonable fact finder could conclude that an inmate possessed cocaine, was not reasonably debatable.
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| Marquez v. Watkins, No. 05-4121,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Decided
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Overview: Court of appeals affirmed district court's order awarding summary judgment to prison officers in lawsuit filed by state inmate who claimed they violated his rights under Eighth Amendment because videotape and medical records officers submitted negated inmate's claim that they used excessive force when they moved him to prison's mental health unit.
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| Ricks v. Kempker, No. 05-3443,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: Petitioner prisoner was denied a COA because he failed to make the required showing; the record on appeal established that a recent detainer lodged against him was not identical to a detainer lodged against him earlier and he had failed to exhaust available state remedies on his speedy trial claim.
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| Robey v. Shapiro, Marianos & Cejda, L.L.C., No. 04-5163,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, January 18, 2006, Filed
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Overview: A district court should have determined if a debtor had standing under the Fair Debt Collection Practices Act, 15 U.S.C.S. §§ 1692-1692o, before considering the merits of the claim, and the debtor had standing to challenge an allegedly illegal attempt to collect attorneys fees even though the debtor never paid any attorneys fees.
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