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| Cortez v. McCauley, No. 04-2062,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: En banc court reversed denial of qualified immunity to officers in § 1983 action as to arrestee's excessive force claim because excessive force claim was not subsumed in unlawful arrest claim. Double-hearsay statement, based on information provided by two-year-old and reported by telephone, did not establish probable cause under Fourth Amendment.
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| Haas v. Stewart, No. 06-1421,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: The beneficiary's § 1983 action challenging the collateral orders of the probate court was inextricably intertwined with the probate court's final judgment, which awarded monies to the law firm. Thus, the district court's dismissal of the action for lack of subject matter jurisdiction under the Rooker-Feldman doctrine was affirmed.
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| Lounds v. Torres, No. 06-6139, No. 06-6202,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: Summary dismissal of a city in a § 1983 case for a fatal shooting by a police officer was proper because no question of fact was created regarding the adequacy of the city's training program. The admission of evidence of a history of domestic violence between decedent and his wife at the police officer's trial did not violate Fed. R. Evid. 404(b).
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| Luntungan v. Gonzales, No. 05-9604,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: BIA did not abuse its discretion in denying alien's motion to reopen because he failed to demonstrate that he suffered prejudice as a result of his representative's alleged ineffectiveness. The Sixth Amendment right to counsel was inapplicable to deportation proceedings, and proof of prejudice was required.
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| Maynard v. Astrue, No. 06-4134,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: Denial of DIB and SSI benefits under the Social Security Act was reversed because ALJ's failure to reconcile the prohibition of claimant's treating physician on prolonged sitting with opinion of state-agency consultants that claimant could sit for six hours out of an eight-hour workday fatally undermined ALJ's residual functional capacity finding.
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| Pimentel & Sons Guitar Makers, Inc. v. Pimentel, No. 05-2336,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: In a trademark case, because a district court's order merely interpreted an existing injunction against a competing family member and explained its application to the family member's wife within the parameters of Fed. R. Civ. P. 65, no "injunction" issued, and the order did not create appellate jurisdiction pursuant to 28 U.S.C.S. § 1292(a)(1).
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| Searles v. Bruce, No. 05-3031,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: Prison officials' appeal from a prisoner's § 1983 action was dismissed for lack of jurisdiction because the officials challenged the denial of qualified immunity on the facts, not the law; thus, the court was without jurisdiction under the collateral order exception to 28 U.S.C.S. § 1291.
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| Stichting Mayflower Rec. Fonds v. City of Park City, No. 05-4307,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: Order appealed from was not a final order and the appellate court lacked jurisdiction under 28 U.S.C.S. § 1291 since the district court expressly declined to certify its earlier order under Fed. R. Civ. P. 54(b) or otherwise resolve the pending counterclaims, and qualified immunity was not available to private actors such as the associations.
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| United States v. Padilla-Rodriguez, No. 06-3264,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: Because the sentence imposed by the district court complied with the terms of the plea agreement and with the understanding of the plea defendant expressed at the plea hearing under Fed. R. Crim. P. 11, defendant had not demonstrated that it would have been a miscarriage of justice to enforce his appeal waiver.
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| United States v. Willis, No. 06-6009,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 16, 2007, Filed
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Overview: Evidence that defendant gave another person a user name and password so she could use a financial information services website was sufficient to sustain his conviction for violating 18 U.S.C.S. §§ 2 and 1030, even though he did not know recipient would use the site to commit identify theft and did not know the value of information that was taken.
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