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| Bergersen v. Shelter Mut. Ins. Co., No. 06-3209,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Summary judgment for employer on former employee's Kansas common law retaliatory discharge claim was affirmed because, although it was unclear whether seven weeks between filing complaint with regulatory agency and termination established causation, employee failed to present evidence that employer's stated reasons for termination were pretextual.
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| Childs v. Ortiz, No. 06-1368,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Dismissal of a prisoner's challenge to his conditions of confinement was vacated and the case was remanded because, following Jones v. Bock, failure to exhaust administrative remedies as required by 42 U.S.C.S. § 1997e(a) was an affirmative defense. It was no longer appropriate to require an affirmative showing of exhaustion in the complaint.
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| Confere v. Astrue, No. 06-4217,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Because a Social Security ALJ adopted some of the restrictions identified by consulting physicians, but disregarded others without any explanation, a remand was required so that the ALJ could explain the evidentiary basis for his residual functional capacity determination and his reasons for rejecting portions of the uncontroverted evidence.
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| Herndon v. Ortiz, No. 06-1144,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Dismissal of prisoner's claims of constitutionally inadequate medical care was vacated because, after Jones v. Bock, it was no longer appropriate for a district court to require a prisoner to make an affirmative showing of exhaustion of administrative remedies, as required by 42 U.S.C.S. § 1997e(a), at the initial stage of a case.
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| Otis Elevator Co. v. Midland Red Oak Realty, Inc., No. 04-6327,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Indemnity provision was valid under Okla. Stat. tit. 15, §§ 421-430 where it clearly and unambiguously exculpated the elevator company from all damages or claims for damages which the company sustained by reason of injury or death to persons or damage to property growing out of or connected with the performance of the work under the order.
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| Reeves v. Churchich, No. 04-4240,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Police officers were entitled to qualified immunity because they did not violate the Fourth Amendment when, in approaching a duplex to arrest someone in the other apartment, they pointed guns at a mother and daughter. A detective's insertion of his rifle into the interior of the mother's bedroom from outside did not constitute unreasonable search.
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| Rosberg v. Ortiz, No. 06-1278,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: In light of the U.S. Supreme Court's decision in Jones v. Bock, it was no longer appropriate to require an affirmative showing of exhaustion as required by 42 U.S.C.S. § 1997e(a) at the pleading stage of a prisoner's § 1983 case, and an order dismissing the case for failure to demonstrate exhaustion was vacated.
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| Sisters of Mercy Health Sys. v. Kula, No. 06-6167,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Declaratory judgment was properly entered in favor of a health system because it had no duty to defend or indemnify a psychiatrist as to his patient's lawsuit alleging that he had engaged in an improper sexual relationship with her. None of the actions the psychiatrist was alleged to have undertaken were within the scope of his assigned duties.
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| United States v. Allen, No. 06-2110,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Defendant's sentence was affirmed because the court did not need to decide if the district court erred in refusing to apply a USSG § 2X1.1 reduction for attempt, because even if it did the error was harmless. Also, the court was not persuaded that the 151-month sentence was unreasonably lengthy under 18 U.S.C.S. § 3553(a)'s factors.
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| United States v. Barajas-Garcia, No. 06-1391,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Defendant's guidelines sentence to 57 months' imprisonment was presumptively reasonable and he failed to demonstrate that his family circumstance, when viewed in light of all the 18 U.S.C.S. § 3353(a) factors, was sufficiently compelling to make his sentence unreasonable, nor did it serve as a basis for a downward departure.
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