Category Archives: Tenth Circuit

10th Circuit adopts “tender rule” to determine when prisoner claims are subject to the PLRA’s exhaustion requirement

Billy May was in federal prison during an outbreak of scabies. The prison required all inmates to take Invermectin to address the problem, but May refused because he was allergic to it. The prison quarantined May in a special housing … Continue reading

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Tenth Circuit to hear oral arguments in Santa Fe next week

A panel of the Tenth Circuit will be hearing oral arguments in six cases at the federal courthouse in Santa Fe next Friday, July 19, beginning at 9 a.m. Here is the argument schedule. The panel consists of Chief Judge … Continue reading

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10th Circuit: Securities laws apply to fraud defendant’s sales to foreign customers

The SEC brought a civil enforcement action against Charles Scoville, a resident of Utah, and his company, Traffic Monsoon, alleging that they ran a Ponzi scheme which raked in tens of millions of dollars. About 90% of his customers were … Continue reading

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10th Circuit: REAL ID Act deprives courts of jurisdiction to consider untimely habeas petitions

Lina Thoung came to the United States illegally in 2002, and fraudulently obtained citizenship here in 2007. In 2012, her fraud came to light, and she pleaded guilty and stipulated to a removal order, but could not then be deported … Continue reading

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10th Circuit: BLM not entitled to key to inspect well sites on private land

In Maralex Resources, Inc. v. Barnhardt, the Tenth Circuit reversed a district court’s order that had granted the Bureau of Land Management (BLM) authority to require a private landowner to provide it with a key to access and inspect oil and gas wells. Although … Continue reading

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Tenth Circuit Judge Paul Kelly to take senior status.

The U.S. Courts’ list of future judicial vacancies now indicates that Tenth Circuit Judge Paul Kelly will take senior status on a date yet to be announced. Judge Kelly was appointed to the Tenth Circuit in 1991 by President George … Continue reading

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Tenth Circuit upholds New Mexico’s challenge to DOI Indian gaming regulations

The Indian Gaming Regulatory Act requires states to negotiate in good faith with Indian tribes who seek to establish a gaming compact with the state, and sets forth procedures for the negotiation process, including mediation. Ultimately, if the parties are … Continue reading

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10th Circuit denies rehearing in case involving student essay that criticized lesbianism

I am reliably informed that the Tenth Circuit has denied the petition for rehearing en banc filed by a student who sued the University of New Mexico for First Amendment violations as a result of actions allegedly taken against her … Continue reading

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10th Circuit rejects Osage tribal members’ claim that trust accounting should have covered longer time period

In Fletcher v. United States, the Tenth Circuit (in an opinion by Judge Paul Kelly) rejected claims by members of the Osage Tribe of Oklahoma that the district court improperly limited the government’s obligation to perform an accounting of revenues … Continue reading

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10th Circuit rejects UNM student’s First Amendment claim over anti-lesbian essay

At the end of March, the Tenth Circuit rejected a student’s claim that the University of New Mexico and two of its employees violated her First Amendment rights by actions they took in response to an essay she wrote criticizing … Continue reading

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