Court of Appeals for the Tenth Circuit Court Cases

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  1. Jerry Wayne Smith v. Herb Maschner (1990)

    Plaintiff Jerry Wayne Smith filed suit alleging defendants violated numerous of his constitutional rights, including deprivation of his property without due process of law, interference with his mail, denial of procedural due process during the course of his disciplinary hearings, and conspiring to deny him access to the courts. As part of the conspiracy claim, Smith alleged defendants placed him in disciplinary segregation in retaliation for his ongoing litigation against prison [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 88-2687
  2. David L. White v. York International Corporation (1995)

    David White, the plaintiff below, appeals from the district court's grant of summary judgment to the defendant, York International Corporation ("York") --- F.Supp. ----. White's suit alleges that he was illegally terminated by York because of his disability, in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. Secs. 12101-12213. We exercise jurisdiction pursuant to 28 U.S.C. Sec. 1291 and affirm.


    Court: Court of Appeals for the Tenth Circuit Docket: 93-6398
  3. Jernigan v. Stuchell (2002)

    Plaintiff-Appellant Dewey Earl Jernigan, a state inmate appearing pro se, appeals from the district court's order dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. § 1291. We affirm.


    Court: Court of Appeals for the Tenth Circuit Docket: 02-6052
  4. 46 soc. sec. rep. ser. 148 v. Donna Shalala (1994)

    Vicki Miles-LaGrange, U.S. Atty., Gayla Fuller, Chief Counsel, Region VI, Charlene M. Seifert, Acting Chief, and Joseph B. Liken, Supervisory Asst. Regional Counsel, Office of the Gen. Counsel, U.S. Dept. of Health and Human Services, Dallas, Texas, submitted on brief, for defendant-appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 94-6086
  5. Tomi Edward Jennings, Jr. v. Natrona County Detention Center Medical Facility (1999)

    These appeals are taken from judgments of the United States District Court for the District of Wyoming dismissing, under 28 U.S.C. § 1915(e)(2)(B), two civil rights actions filed by Mr. Jennings. We have jurisdiction under 28 U.S.C. § 1291 and dismiss these appeals as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). However, we reverse the manner in which the district court counted prior occasions for purposes of applying the "three strikes" provision of 28 U.S.C. § [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 98-8032
  6. Fidel Ramos v. The Honorable Richard D. Lamm (1981)

    John D. MacFarlane, Atty. Gen., and David K. Rees, Asst. Atty. Gen., Denver, Colo. (Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Sarah Scott Sammons, Asst. Atty. Gen., Litigation Section, Tarquin Jay Bromley, Asst. Atty. Gen., Human Resources Section, Denver, Colo., were on the brief) for defendants-appellants.


    Court: Court of Appeals for the Tenth Circuit Docket: 79-2324
  7. Tele-Communications v. CIR (1997)

    The Commissioner of Internal Revenue (the "Commissioner") appeals from the Tax Court's grant of summary judgment to Tele-Communications, Inc. ("TCI"), and its subsidiaries, and other affiliated corporations (collectively, "Taxpayers"). In the underlying lawsuit, Taxpayers brought an action in the Tax Court seeking a redetermination of deficiencies in income tax as calculated by the Commissioner for taxable years 1978, 1979, 1980 and 1981. Taxpayers filed a motion for partial summary [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 95-9003
  8. Robert A. Brecheen v. Dan Reynolds (1994)

    Robert Allen Brecheen appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254, along with the denial of his request for a stay of execution pursuant to 28 U.S.C. Secs. 1651, 2251. Mr. Brecheen contends the district court failed to recognize several asserted constitutional errors relating to his murder conviction and corresponding death sentence. In this appeal, we are called upon to reexamine those asserted errors, which include the denial of a fair [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 94-7084
  9. United States v. Murleen Kay Kunzman (1997)

    Defendant Murleen Kay Kunzman appeals from the district court's order denying her motion to set aside her criminal convictions pursuant to 28 U.S.C. § 2255.1 Her appeal raises issues of subject matter jurisdiction, double jeopardy, ineffective assistance of counsel, res judicata, and collateral estoppel. Because none are meritorious we affirm.


    Court: Court of Appeals for the Tenth Circuit Docket: 96-1310
  10. Carl Demetrius Mitchell v. Gary D. Maynard (1996)

    Carl Demetrius Mitchell brought suit against fourteen prison officials and employees for violations of his Fifth, Sixth, Eighth, and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983.1 The district court initially dismissed his complaint as frivolous. Following an appeal, we reversed the district court's ruling and remanded the case for trial. Mitchell v. Maynard, No. 92-7066, 1992 WL 401593 (10th Cir. Dec. 23, 1992). On remand, a jury trial was held on Mr. Mitchell's [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 94-7108
  11. Hawkins v. Chater (1997)

    Stephen C. Lewis, United States Attorney, Joseph B. Liken, Acting Chief Counsel, Region VI, Linda H. Green, Assistant Regional Counsel, Office of the General Counsel, U.S. Social Security Administration, Dallas, Texas, for Defendant-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 96-5110
  12. 51 soc. sec. rep. ser. 442a v. Shirley S. Chater (1996)

    John W. Raley, Jr., United States Attorney, Joseph B. Liken, Acting Chief Counsel, Tina M. Waddell, Acting Deputy Chief Counsel, Anthony D. Randall, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Dallas, Texas, for Defendant-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 95-7139
  13. 46 soc. sec. rep. ser. 316 v. Donna Shalala (1994)

    Vicki Miles-LaGrange, U.S. Atty., Oklahoma City, OK, Gayla Fuller, Chief Counsel, Region VI, Charlene M. Seifert, Acting Chief, Social Security Branch, Joseph B. Liken, Supervisory Asst. Regional Counsel, Office of General Counsel, U.S. Dept. of H.H.S., Dallas, TX, for defendant-appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 94-6127
  14. United States v. Darrell Beaulieu (1990)

    Appellant Darrell Beaulieu pled guilty in the district court to one count of conspiracy to manufacture amphetamine and one count of attempting to manufacture amphetamine (21 U.S.C. Sec. 846). He was sentenced to a prison term of 98 months.


    Court: Court of Appeals for the Tenth Circuit Docket: 88-2586
  15. Frederick M. Russillo v. The Honorable Tony Scarborough (1991)

    Frederick Russillo was terminated as court administrator of a New Mexico Metropolitan Court at the direction of the New Mexico Supreme Court. Mr. Russillo appeals the district court's decision on summary judgment that he was not unconstitutionally deprived of a property or liberty interest, and the New Mexico Supreme Court did not exceed its power of superintending control. Russillo v. Scarborough, 727 F.Supp. 1402 (D.N.M.1989). We agree with the district court on all grounds and [...]

    Court: Court of Appeals for the Tenth Circuit Docket: 90-2018
  16. 68 Fair empl. prac. cas. (Bna) 88 v. Burggraf Construction Company George Randall Anderson (1995)

    Mark L. Carman of Williams, Porter, Day and Neville, P.C., Casper, WY, for appellee/cross-appellant Burggraf Const. Co., (Marvin L. Tyler of Bussart, West, Rossetti, Piaia and Tyler, P.C., Rock Springs, WY, with him on the brief), for defendant/appellee George Randall Anderson.


    Court: Court of Appeals for the Tenth Circuit Docket: 94-8054
  17. Fidel Ramos v. Richard D. Lamm (1983)

    David K. Rees, Asst. Atty. Gen., Denver, Colo. (J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., and Mary J. Mullarkey, Sol. Gen., State of Colorado, Denver, Colo., with him on the briefs), for defendants-appellants, cross-appellees.


    Court: Court of Appeals for the Tenth Circuit Docket: 82-1531
  18. David Leon Cummings v. Edward Evans (1998)

    Michael G. Katz, Federal Public Defender, and Jenine Jensen, Assistant Federal Public Defender, Denver, CO, were appointed to represent him on the supplemental brief.


    Court: Court of Appeals for the Tenth Circuit Docket: 96-6382
  19. United States v. Sonya Evette Singleton (1999)

    Michael Dreeben, U.S. Department of Justice (James K. Robinson, Assistant Attorney General Criminal Division; Jackie N. Williams, United States Attorney; Michael G. Christensen, Assistant United States Attorney, Wichita, Kansas; Sean Connelly, U.S. Department of Justice, Denver, Colorado, with him on the briefs), Washington, D.C., for Plaintiff-Appellee.


    Court: Court of Appeals for the Tenth Circuit Docket: 97-3178
  20. United States v. Porter (2005)

    COPYRIGHT MATERIAL OMITTED Vicki Mandell-King, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs) Office of the Federal Public Defender, District of Colorado and Wyoming, Denver, CO, for Defendant-Appellant.


    Court: Court of Appeals for the Tenth Circuit Docket: 04-4009

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