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   Federal Courts - 10th Circuit Court of Appeals - February 10, 2006

  
Candelario v. Barnhart, No. 05-1222, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 10, 2006, Filed
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Overview: ALJ's finding that the claimant did not meet or equal 20 C.F.R., pt. 404, subpt. P, app. 1, § 1.04(A) was supported by substantial evidence where the ALJ extensively reviewed the medical evidence, including the testimony of a medical expert who testified at the hearing that the claimant did not have any neurologic abnormalities on examination.

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Cortez v. McCauley, Case No. 04-2062, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 10, 2006, Filed
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Overview: Police officers were entitled to qualified immunity on the wife's excessive force claim under 42 U.S.C.S. § 1983 because court could not say that the officers' conduct in taking her by the arm and placing her in a locked patrol car was so clearly unlawful under prior case law that a reasonable officer could not have believed the conduct was legal.

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Mauchlin v. Hood, No. 05-1388, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 10, 2006, Filed
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O'Neill v. Janecka, No. 05-2213, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 10, 2006, Filed
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Overview: Where a state prisoner failed to object to a magistrate's recommendation that the prisoner's 28 U.S.C.S. § 2254 petition be dismissed as untimely and for failure to exhaust administrative remedies, the prisoner was barred from seeking appellate review of a district court's decision to adopt the magistrate's recommendation and dismiss the petition.

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Pierce v. Gilchrist, No. 05-6150, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 10, 2006, Filed
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Overview: A district court acted within its discretion in declining to exercise supplemental jurisdiction pursuant to 28 U.S.C.S. § 1367(c)(3) over a city official's claim for indemnification from a city pursuant to Okla. Stat. tit. 51, § 162 after a 42 U.S.C.S. § 1983 action had been voluntarily dismissed where the claim was solely a product of state law.

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Ransom v. United States Postal Serv., No. 05-1236, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 10, 2006, Filed
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Overview: The dismissal of a class action complaint for disability discrimination in violation of Title VII, the ADA, and the Rehabilitation Act was affirmed because an employee failed to exhaust administrative remedies since she failed to request class counseling within 45 days of being informed that she was required to do so.

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Tapia v. City of Albuquerque, No. 05-2028, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 10, 2006, Filed
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Overview: District court properly granted summary judgment in favor of an employer on an employee's retaliation claim under 42 U.S.C.S. § 2000e-3 of Title VII of the Civil Rights Act of 1964 because the employee failed to establish an adverse employment action. Therefore, he could not establish a prima facie case of retaliation.

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