Justia Civil Rights Opinion Summaries

Plaintiff-appellant Aaron Jensen sued defendant-appellees West Jordan City and Robert Shober for Title VII retaliation, First Amendment retaliation, malicious prosecution, and breach of contract. At trial, the jury returned a verdict in favor of Jensen on all his claims and awarded $2.77 million in damages. The trial court discovered the jury did not properly fill out the verdict form, so the court instructed the jury to correct its error. When the jury returned the corrected verdict, it had apportioned most of the damages to Jensen’s Title VII claim. Because the district court concluded that Title VII’s statutory damages cap applied, the court reduced the total amount of the award to $344,000. Both parties appealed. They raised nine issues on appeal, but the Tenth Circuit concluded none of them warranted reversal and affirmed. View "Jensen v. West Jordan City" on Justia Law

Denver Police Sergeant Justin Dodge fatally shot Joseph Valverde after he saw Valverde pull out a gun as a SWAT team arrived to arrest him after an undercover drug transaction. Plaintiff Isabel Padilla, as personal representative of Valverde’s estate, sued Dodge under 42 U.S.C. 1983, claiming Dodge used excessive force in violation of Valverde's Fourth Amendment rights. Dodge moved for summary judgment on qualified immunity grounds, but the district court denied the motion. The district court held: (1) a reasonable jury could find that Valverde had discarded the gun and was in the process of surrendering before Dodge shot him; and (2) the use of deadly force in that situation would violate clearly established law. Dodge appealed. After review, the Tenth Circuit reversed the district court. "Dodge is entitled to qualified immunity because he had only a split second to react when Valverde suddenly drew a gun. He did not violate the Fourth Amendment by deciding to shoot without waiting to see whether Valverde was merely taking the gun from his pocket to toss away rather than to shoot an officer. And to the extent that Plaintiff is arguing that Dodge should be liable because he recklessly created the situation that led to the apparent peril, Dodge is entitled to qualified immunity because he did not violate clearly established law." View "Estate of Joseph Valverde v. Dodge" on Justia Law

In January 2011, plaintiff-appellant Virgin Bunn was hired for a one-year probationary period as a human resources assistant at the United States Forest Service’s (“USFS”) Albuquerque Service Center. Ten months into the job, Bunn's supervisor became concerned about Bunn's job performance. After his supervisor asked a colleague to oversee Bunn’s work, Bunn complained to his supervisor about the colleague’s comments to him. Bunn later contacted USFS’s Equal Employment Opportunity (“EEO”) Counselor Office about these comments. On January 6, 2012, Bunn was fired. Bunn thereafter filed an EEO complaint with the United States Equal Employment Opportunity Commission (“EEOC”) alleging harassment, a hostile work environment, and retaliation. An administrative law judge dismissed the suit, granting summary judgment to the agency on all claims. The USDA’s Office of Adjudication issued a final order implementing the EEOC’s decision. Bunn appealed. The Office of Federal Operations affirmed the USDA’s final decision. After its review of the matter, the Tenth Circuit Court of Appeals found: Bunn's appeal of the summary judgment order was untimely; and (2) there was no reversible error in the district court's order striking Bunn's motion to vacate. View "Bunn v. Perdue" on Justia Law

Anthony Kapinski shot and killed two men for which he was arrested and prosecuted for murder. But at trial, the jury found him not guilty on the basis of self-defense. Trial evidence included video surveillance footage of the incident. Kapinski brought civil rights claims under 42 U.S.C. 1983 against Detective Terra Juarez and the City of Albuquerque, alleging constitutional violations stemming from Detective Juarez’s failure to mention the video surveillance footage in her warrant affidavit for Kapinski’s arrest. He argued that if the court issuing the arrest warrant had been made aware of the video footage, it would not have found probable cause supporting the warrant. Detective Juarez moved for summary judgment on qualified immunity grounds, and the district court granted her motion. The court held Kapinski failed to show a constitutional violation because the video footage would not have negated probable cause for his arrest, and, even if Detective Juarez’s omission ran afoul of the Fourth Amendment, she was nonetheless entitled to summary judgment because the law on this issue was not clearly established. To this, the Tenth Circuit agreed Kapinski failed to show a clearly established constitutional violation and therefore affirmed summary judgment. View "Kapinski v. City of Albuquerque" on Justia Law

"A series of coincidences and mistaken beliefs led to the arrest of Laramie Hinkle for possessing a stolen trailer that was not even stolen. And things got worse from there." After investigation showed Hinkle innocent, he sued, alleging as unlawful his arrest, the press release, and the body-cavity strip search by the sheriff's office that arrested him. While the Tenth Circuit sympathized with Hinkle, it found the deputy sheriff had probable cause for the arrest, that the deputy arrested Hinkle based on that probable cause, and that the district court did not err in dismissing Hinkle’s claim that the sheriff issued the press release to retaliate against Hinkle. That said, the Court concluded the body-cavity strip search was unreasonable under the Fourth Amendment. And because this unlawful search was based on the County’s indiscriminate strip-search policy, the Court held the Beckham County, Oklahoma was directly liable. View "Hinkle v. Beckham County Board of County" on Justia Law

Plaintiff Jorge Corona was a backseat passenger in a car pulled over for a routine traffic stop by Clovis Police Officer Brent Aguilar. Plaintiff was arrested when he did not produce identification in response to the officer's demand for ID. Defendant Aguilar charged Plaintiff with: (1) resisting, evading, or obstructing an officer; and (2) concealing his identity. The district attorney’s office dismissed the concealing-identity charge, and a jury later acquitted Plaintiff of the charge against him for resisting, evading, or obstructing an officer. Plaintiff subsequently sued the arresting officers, Defendant Aguilar and police officer Travis Loomis; the City of Clovis; and the Clovis Police Department for, among other things, alleged constitutional violations under 42 U.S.C. 1983. As relevant here, Plaintiff alleged Defendant Aguilar violated his Fourth Amendment right to be free from unlawful arrest by arresting him without probable cause. Defendant Aguilar moved for partial summary judgment on Plaintiff’s unlawful-arrest claim based on qualified immunity, but the district court denied his motion. The Tenth Circuit disagreed with Officer Aguilar's contention that the district court erred in denying him qualified immunity. The Tenth Circuit determined the officer arrested plaintiff without probable cause. "Additionally, clearly established law would have put a reasonable officer in Defendant Aguilar’s position on notice that his conduct violated Plaintiff’s Fourth Amendment right to be free from unlawful arrest. Defendant Aguilar is therefore not entitled to qualified immunity." View "Corona v. City of Clovis" on Justia Law

Plaintiff Cody Cox sued Defendant Don Wilson, a deputy in the Clear Creek County Sheriff’s Department, under 42 U.S.C. 1983. Cox alleged that when Wilson shot him in his vehicle while stopped on Interstate 70, Wilson violated the constitutional prohibition against the use of excessive force by law-enforcement officers. Plaintiff appealed when the jury returned a verdict in favor of the deputy, arguing the district court erred in failing to instruct the jury to consider whether Wilson unreasonably created the need for the use of force by his own reckless conduct. The Tenth Circuit determined that although the district court incorrectly stated the Supreme Court had recently abrogated the Tenth Circuit's precedents requiring such an instruction in appropriate circumstances, the evidence in this case did not support the instruction. "No law, certainly no law clearly established at the time of the incident, suggests that Wilson acted unreasonably up to and including the time that he exited his vehicle and approached Cox’s vehicle." Therefore, the Tenth Circuit affirmed the district court's judgment in favor of Deputy Wilson. View "Cox v. Wilson" on Justia Law

In August 2017, Kansas law enforcement officers, after a traffic chase, pulled over Matthew Holmes for suspected vehicular burglary. The officers were from the City of Newton Police Department (“NPD”), McPherson County Sheriff’s Office (“MCSO”), and Harvey County Sheriff’s Office (“HCSO”). After Holmes stopped and exited the car, officers wrestled him to the ground. McPherson County Sheriff’s Deputy Chris Somers shot Holmes in the back. He later died from the gunshot wound. Holmes' estate sued, alleging constitutional violations under 42 U.S.C. 1983 ad a state law claim. The district court granted in part and denied in part Defendants' Rule 12(b)(6) motions. In particular, it denied each sheriff’s motion to dismiss based on Eleventh Amendment immunity because, “with respect to local law enforcement activities, sheriffs are not arms of the state but rather of the county that they serve.” The Tenth Circuit determined the district court did not err in denying the sheriffs' motions, and therefore affirmed. View "Couser v. Gay" on Justia Law

Petitioner Board of Education of Gallup-McKinley County Schools (Gallup) successfully obtained summary judgment on certain Individuals with Disabilities Education Act (IDEA) claims made by Mavis Yazzie in the administrative action below. Subsequently, Gallup sought attorneys’ fees from Yazzie and her counsel, the Native American Disability Law Center (NADLC). The question presented for the Tenth Circuit's review was whether the controlling provision of the New Mexico Administrative Code (NMAC) permitted Gallup to pursue attorneys’ fees within 30 days of the final decision relating to any party in the administrative action, or did the NMAC limit Gallup to seeking fees within 30 days of obtaining summary judgment, which Gallup failed to do. The Tenth Circuit concluded the plain meaning of the regulatory language permitted petitions for attorneys’ fees made within 30 days of the final decision in the administrative action regardless of whether that decision related to the party seeking fees. Accordingly, Gallup’s petition was timely. The Court therefore reversed the district court and remanded for further proceedings. View "Board of Education of Gallup v. Native American Disability Law" on Justia Law

Plaintiff-appellee Dana Zzyym did not identify as either male or female, rather intersex. The United States State Department refused Zzyym's application for a passport. Zzyym sued, alleging that the State Department's reliance on a binary sex policy: (1) exceeded its statutory authority; (2) was arbitrary and capricious under the Administrative Procedure Act; and (3) violated the federal Constitution. The district court concluded that as a matter of law, the State Department violated the APA on Zzyym's first two grounds; the court did not reach the constitutional claims. After review, the Tenth Circuit concluded the State Department acted within its authority. but exercised this authority in an arbitrary and capricious manner. The State Department gave five reasons for denying Zzyym’s request for a passport. Two of the reasons were supported by the administrative record, but three others weren’t. "Given the State Department’s partial reliance on three unsupported reasons, we don’t know whether the State Department would have denied Zzyym’s request if limited to the two supported reasons. The district court thus should have remanded to the State Department to reconsider the policy based only on the two reasons supported by the record." View "Zzyym v. Pompeo" on Justia Law