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| Camuglia v. City of Albuquerque, No. 05-2128,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: A temporary suspension of a restaurant's food-service permit did not violate the restaurant owner's rights to substantive and procedural due process because a postdeprivation hearing satisfied due process requirements in matters of public health and safety and a city inspector's conduct in shutting down the restaurant did not shock the conscience.
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| Keelan v. Denver Merch. Mart, No. 05-1400,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: Employee was properly granted partial attorney fees under 42 U.S.C.S. § 2000e-5(g)(2)(B) in discrimination suit after jury found discriminatory motive because employee's total lack of success did not require denial of fees under circuit precedent and Civil Rights Act of 1991 and employer's offer of judgment did not require reduction of fee award.
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| Raiser v. Church of Jesus Christ of Latter-Day Saints, No. 05-4120,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: Where plaintiff sought to proceed under a pseudonym after a similar motion was denied in a prior litigation, his motion was denied under Fed. R. Civ. P. 10 and 17 because he did not demonstrate sufficient exceptional circumstances justifying his use of a pseudonym since his name remained in the public domain in connection with the prior litigation.
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| Rowe v. Albertson's, Inc., No. 05-4113,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: Where a customer allegedly slipped and fell and a videotape was recorded over after store employees concluded that the tape did not show the fall or the condition of the floor, the store owner was entitled to summary judgment as to the negligence claim because the customer's requested spoliation presumption was properly denied.
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| Tast v. Dean, No. 05-2298,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: Court of appeals affirmed the district court's judgment dismissing an action plaintiff filed under 42 U.S.C.S. § 1983, seeking an order enjoining a New Mexico judge from hearing an action he filed in a New Mexico state court, because the Younger abstention doctrine precluded suit in federal court while the action in state court was pending.
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| United States v. Armour, No. 06-3101,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: Government's motion to enforce defendant's plea agreement, in which defendant waived his right to appeal his conviction and sentence, was granted because appeal fell within scope of defendant's waiver of appellate rights, defendant's waiver was knowing and voluntary, and enforcing waiver would not result in miscarriage of justice.
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| United States v. Blackwell, No. 05-6170,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: Where defendant alleged that an interview with FBI agents in a hotel conference room constituted a warrantless arrest without probable cause in violation of the Fourth Amendment, the encounter was consensual because, inter alia, the agents informed him that he did not have to talk to them and he voluntarily followed them to the room.
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| United States v. Perry, No. 05-5146,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: Where a search warrant affidavit failed to mention that the affiant, a police officer, conducted a field test to determine that the substance a confidential informant had purchased from defendant was methamphetamine, the affidavit was not so devoid of factual support that no reasonably well trained officer could have relied on it.
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| United States v. Vance, No. 06-6133,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 31, 2006, Filed
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Overview: The court dismissed defendant's appeal from a judgment and sentence following her pleas of guilty to bank robbery and carrying/brandishing a firearm because defendant had expressly waived her right of appeal in her plea agreement. The court found that the waiver was knowing and voluntary and that there was no miscarriage of justice.
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