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| Hilliard v. Ray, No. 06-7062,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: A decision dismissing a prisoner's complaint against prison officials was vacated in light of the U.S. Supreme Court's decision in Jones v. Bock because the cases relied upon by the district court to dismiss the complaint had been overruled by the Jones decision regarding the need to exhaust administrative remedies.
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| Meyer v. Bd. of County Comm'rs, No. 04-6106,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: District court erred when it found that sheriff's deputies were entitled to qualified immunity on claims a detainee filed under 42 U.S.C.S. § 1983, alleging that the deputies violated her rights under the First and Fourth Amendments when they took her to a psychiatric center and stated falsely that she was violent so she would be committed.
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| Mink v. Suthers, No. 04-1496,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: Because the deputy district attorney's (DA) review of the affidavit squarely fell on the side of investigatory legal advice, and not advocacy before a judicial body, the district court erred when it dismissed the student's damages claim against the deputy DA under § 1983 on the ground that it was barred by the doctrine of absolute immunity.
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| Moseley v. Bd. of Educ. of Albuquerque Pub. Schs, No. 06-2157,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: Court dismissed a student's appeal from the denial of all his claims; because he had graduated from high school, his request to declare his school in violation of the IDEA, § 504, and Title II of the ADA had no effect on the present or future actions of either party, and those claims were moot, and he never prayed for compensatory damages.
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| NLRB v. Cmty. Health Servs., No. 04-9605 & 05-9523,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: NLRB was not precluded from considering unfair-labor-practice charge which union filed against an employer, alleging that it withdrew recognition of the union after March 2000, because the employer defeated an earlier charge that it withdrew recognition before March 2000, and NLRB did not err when it directed the employer to bargain with the union.
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| Roberts v. Barreras, No. 05-2373,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: Dismissal of former inmate's Bivens claim, alleging that while under the care of prison employees he was exposed to harmful secondhand smoke, was reversed because the court disagreed with the district court's ruling that the inmate failed to show that he filed an administrative grievance on that issue, and he was not required to prove exhaustion.
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| Satriawan v. Gonzales, No. 06-9541,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: Substantial evidence in the record supported the IJ's determination that the alien was not entitled to restriction on removal under 8 U.S.C.S. § 1231 where potential job loss or generalized economic disadvantage did not equal persecution and the evidence showed that the government was able and willing to protect the Chinese minority in Indonesia.
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| United States v. Gonzales, No. 06-2112,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: Conviction was affirmed because the district court did not abuse its discretion when it denied as untimely defendant's pretrial motions to suppress evidence and to identify a confidential informant and because defendant's claim of ineffective assistance of counsel was not properly brought on direct appeal.
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| United States v. Goode, No. 06-2093,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 16, 2007, Filed
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Overview: Fed. R. Crim. P. 32(i)(1)(A) was satisfied where the district court properly found that defendant had read the PSR and discussed it with counsel where although defendant claimed that he had not reviewed the PSR, defendant contradicted himself by making assertions that suggested his familiarity with the PSR's contents.
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