August 24, 2019

Case Law: Tenth Circuit Opinions, 5/5/10 [Updated]

[Update: this post has been updated as the 10th Circuit release a published opinion on May 5, 2010, after this post was published.]

The Tenth Circuit on Wednesday issued one published opinion and four unpublished opinions, as described below.


In Jensen v. Wagner, the Court reversed in part and affirmed in part the district court’s decision, determining that the Jensen’s failed to demonstrate that state actors violated their constitutional rights by interfering with their parental authority and that it did not have jurisdiction under the Rooker-Feldman doctrine to consider the Jensens’ claim premised on malicious prosecution.


In United States v. Delgadillo-Gallegos, the court affirmed the sentence of a defendant who illegally re-entered the country, rejecting defendant’s claims that the sentence was unreasonable and based on a prior offense.

In Barfoot v. Public Service Company of Colorado (D/B/A Xcel Energy), the court affirmed the district court’s grant of summary judgment to Xcel on an employee’s ADA and ADEA claims.

In United States v. Rubio, the defendant appealed the district court’s denial of his motion for a reduced sentence, based on its lack of jurisdiction under then-Federal Rule of Criminal Procedure 11(e)(1)(C) (now 11(c)(1)(C)). The court affirmed the district court’s decision.

In Martin v. Cornell Companies, Inc., the court denied Martin’s appeal of  a district court’s orders granting defendants’ motions to dismiss and for summary judgment on his claims brought under 42 U.S.C. § 1983.

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