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| Ellenberg v. N.M. Military Inst., No. 05-2056,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 7, 2007, Filed
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Overview: District court's sole basis for granting summary judgment to the New Mexico Military Institute (NMMI) on the parents claims under the ADA and the Rehabilitation Act was that the parents' IDEA claim failed. Because those claims were separate and distinct from the IDEA claim, the court's ruling in favor of NMMI on that basis was in error.
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| OCI, Wyoming v. PacifiCorp, No. 06-8026,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 7, 2007, Filed
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Overview: District court failed to comply with Fed. R. Civ. P. 52(a) when it adopted an advisory jury's verdict and provided inadequate findings and conclusions; but, a new trial was not warranted, and the case was remanded for the district court to independently evaluate the evidence, make its own findings and conclusions, and render its own judgment.
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| United States v. Nichols, No. 06-3146,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 7, 2007, Filed
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Overview: Defendant's sentence was affirmed because all but one of his arguments was outside the sentencing remand from the court, it was proper for a sentencing court to make factual findings for purposes of imposing enhancements, and there was no merit to his Confrontation Clause argument concerning statements by his girlfriend in the PSR.
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| United States v. Freeman, No. 05-3437,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 8, 2007, Filed
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Overview: Since defendant's parolee status, criminal history, and refusal to consent to search were not grounds for reasonable suspicion, ordinary law enforcement officers conducted the search of his residence without reasonable suspicion of a parole violation, the search exceeded reasonable expectations and was impermissible under the Fourth Amendment.
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| Bomprezzi v. Weaver, No. 06-1315,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 9, 2007, Filed
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Overview: Dismissal of prisoner's civil rights complaint asserting claims under 28 U.S.C.S. § 1343 and 42 U.S.C.S. § 1983 was affirmed except as to counts challenging conditions of confinement. Decision was vacated and remanded as to those counts in light of Jones v. Bock's rejection of requirement that exhaustion be specially pleaded or demonstrated.
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| Campbell v. Gambro Healthcare, Inc., No. 06-3062,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 9, 2007, Filed
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Overview: Appellate court upheld district court's judgment finding that employer did not violate FMLA when it eliminated employee's job four days after employee returned from FMLA leave because employer showed that it eliminated position due to decreased patient load at medical clinic where employee worked and discovered problems with employee's performance.
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| United States v. Foutch, No. 06-5052,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 9, 2007, Filed
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Overview: Search of defendant's trailer did not violate Fourth Amendment because deputies had warrant for defendant's arrest, deputies were given equivocal answers to questions as to his whereabouts, and mere fact that unidentified white male scurried from the trailer did not preclude deputies from having a reasonable belief that defendant was still within.
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| West v. Ortiz, No. 06-1192,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 9, 2007, Filed
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Overview: Because a district court's dismissal order for failure to exhaust under the PLRA was a final order, a prisoner's notice of appeal was timely, and his brief served as sufficient appellate notice on other issues, the court had jurisdiction over the appeal; the dismissal order was reversed in light of the U.S. Supreme Court decision in Jones v. Bock.
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