The Tenth Circuit on Monday issued two published opinions and no unpublished opinions.
In Braxton v. Zavaras, the Court affirmed the district court’s granting of Respondents’ motion to dismiss. Petitioners claimed that the statute of limitations should be tolled while administrative remedies were being exhausted for their claims concerning civil rights violations during a public strip search at a correctional facility. The Court disagreed, finding that the statute of limitations is not automatically tolled while pursuing administrative remedies; additionally, equitable tolling was not appropriate as Petitioners have not diligently pursued their claims.
In McKeen v. United States Forest Service, the Court affirmed the district court’s granting of summary judgment for Respondent United States Forest Service, and found the remainder of Petitioner’s claims moot. Petitioner claimed that the Forest Service acted arbitrarily and capriciously in permanently canceling 25% of his grazing permit and in issuing its environmental assessment decision notice. However, the Forest Service has discretion as to the issuing and limitation of permits, and Petitioner’s repeated noncompliance with permit regulations served as adequate grounds for canceling a portion of Petitioner’s grazing permit.