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| Adams v. Dyer, No. 06-1125,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: Summary judgment dismissing § 1983 claim that officers assaulted plaintiff during arrest was affirmed because, as to two officers, Heck v. Humphrey precluded claim questioning legitimacy of convictions for resisting arrest and assault. There was no genuine dispute of material fact as to whether third officer used excessive force during arrest.
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| Jenkins v. MTGLQ Investors, Nos. 05-4057, 05-4237 &, 05-4287, No. 06-4051,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: Where the court found the individual's appeal frivolous and his pattern of litigation activity manifestly abusive, pursuant to 28 U.S.C.S. § 1651(a), the court enjoined the individual from proceeding as a petitioner or as an appellant in the court unless he was represented by a licensed attorney or first obtained permission to proceed pro se.
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| McReynolds v. Wynn, No. 06-4077,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: Summary dismissal of a customer's due process claim based on a clerk's refusal to sell him liquor under Utah law was affirmed; "carding" liquor store patrons was an effective means both to protect the public interest and to afford patrons the chance to show an intended liquor purchase was lawful and the procedure was not constitutionally deficient.
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| Meraou v. Williams Co. Long Term Disability Plan, No. 06-5051,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: Decision terminating disability benefits was affirmed in 29 U.S.C.S. § 1132(a)(1)(B) suit because benefits recipient failed to show it was unreasonable for administrative committee to require recent, objective evidence of medical conditions, particularly when consulting physicians stated that such evidence should have been provided but was not.
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| Therrien v. Target Corp., No. 06-5110,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: A customer, who was stabbed when he went to the aid of a store employee who was dealing with a suspected shoplifter, stated a claim for negligence against the store; whether the danger was open and obvious required an examination of all the circumstances and did not, at that stage of the proceedings, necessarily bar the customer's claim.
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| United States v. Aros, No. 06-8031,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: The district court's conclusion that defendant's § 2255 motion was time-barred was not reasonably debatable and defendant's request for a COA was denied; an alleged attorney error did not warrant equitable tolling and defendant bore the risk of an untimely filing, particularly given that trial counsel had declined to represent him.
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| United States v. Gates, No. 06-2035,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: Court of appeals rejected defendant's claim that the district court committed plain error when it allowed a federal agent to testify that a passenger who was riding in defendant's car at the time it was stopped told the agent defendant knew he was transporting marijuana because defendant did not show he was prejudiced by any error that occurred.
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| United States v. Medley, No. 05-2383,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 9, 2007, Filed
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Overview: District court was not required to explain why it did not reimpose sentence of 78 months' imprisonment on defendant who was convicted of making a fraudulent claim on the U.S. Government, instead of imposing a new sentence of 97 months' imprisonment after the case was remanded for resentencing, because the new sentence was within the USSG range.
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| Giannetti v. City of Stillwater, Nos. 06-6085, 06-6094,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 12, 2007, Filed
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Overview: Grant of the officers' motion for summary judgment on the excessive force claim was affirmed where the officers' responses, which included handcuffing the wife and placing her in a prone position, had to accommodate a rapidly deteriorating situation and reflected their appropriate concern that the wife was dangerous to herself and others.
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| Sullivan v. Am. Online, Inc., No. 06-2129,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 12, 2007, Filed
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Overview: Grant of Fed. R. Civ. P. 56 summary judgment to employer on employee's contract claim was affirmed because, applying New Mexico law, existence of an implied contract of employment was not an unsettled factual question. Employee was given at least four separate documents, three of which she signed, expressly affirming her at-will employment status.
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