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   Federal Courts - 10th Circuit Court of Appeals - April 7, 2006

  
Carter v. Troutt, No. 05-6239, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Prison warden, medical staff, and physician were properly granted summary judgment on an Eighth Amendment claim under § 1983 because, given evidence that they consistently monitored a prisoner's health and provided him with care, there was no genuine issue as to whether they acted with deliberate indifference by failing to prescribe a certain drug.

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Coit v. Zavaras, No. 05-1045, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Where prison employees did not negate an Eighth Amendment claim that they were deliberately indifferent for more than a year to a prisoner's safety, a district court improperly shifted the burden of production to the prisoner by granting them summary judgment based on the fact that the employee who raped the prisoner was removed.

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Cooper v. Golder, No. 05-1481, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: A state prisoner was denied a COA under 28 U.S.C.S. § 2253 because his habeas petition was untimely under 28 U.S.C.S. § 2244; certain postconviction motions did not toll the limitations period, because these motions were filed outside Colorado's three-year time period for collaterally attacking the conviction and were not properly filed.

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Ebel v. King (In re Ebel), No. 05-1173, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: The bankruptcy court's acceptance of a settlement between the debtor's ex-spouse and the bankruptcy trustee was affirmed because the settlement was not invalid under 11 U.S.C.S. § 541(a)(6), the bankruptcy court complied with the requirements of Fed. R. Bankr. P. 9019, and the bankruptcy court made the necessary findings.

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Fuller v. Kansas, No. 05-3360, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Section 1983 complaint was properly dismissed because a state was entitled to sovereign immunity and because the prisoner did not set forth facts explaining how he was falsely arrested or imprisoned by a sheriff or how a county was involved and, thus, failed to state a claim under Fed. R. Civ. P. 12(b)(6) for a Fourth Amendment violation.

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Miller v. Barnhart, No. 05-6248, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Court of appeals found that ALJ's decision finding that a claimant was not entitled to SSDI benefits because there was no evidence she was impaired in 1995 when her insured status expired, even though there was evidence she suffered a severe mental impairment in 1989 and 1998, was supported by substantial evidence, and it upheld the ALJ's decision.

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Pratt v. Mullin, No. 05-6008, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Court of appeals reversed district court's judgment finding that petition which inmate filed under 28 U.S.C.S. § 2254 was filed one day after statute of limitations in 28 U.S.C.S. § 2244(d)(1) expired. Statute was tolled while inmate sought postconviction relief in state court in 2004, and magistrate failed to recognize that 2004 was a leap year.

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Terra Venture, Inc. v. JDN Real Estate-Overland Park, L.P., No. 04-3492, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Defendants were entitled to summary judgment in plaintiffs' action concerning division of labor and capital associated with undeveloped property. No provision in agreements obligated defendants to develop property; further, parties did not intend to form joint venture, and defendants did not therefore undertake fiduciary duty.

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United States v. Cruz-Lopez, No. 05-4263, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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United States v. Larsen, No. 05-4203, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Court of appeals denied inmate's request that it issue COA so he could appeal district court's judgment denying habeas relief under 28 U.S.C.S. § 2255 because reasonable jurists could not debate district court's judgment that inmate's constitutional rights were not abridged during trial on drug charges, even though he was tried with a codefendant.

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