Workers Compensation/Occupational Safety and Disease Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits) Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits) Discrimination and Retaliation Bandi v. Colvin (10th Cir., July 16, 2015) (affirming summary […]
Discrimination & Retaliation Rock v. Levinski (10th Cir., June 29, 2015) (affirming Rock’s dismissal because her right to free speech did not overcome Levinski’s concern that those in high-ranking policy positions should “speak publicly with a single voice on policy matters”) Miscellaneous United States v. Kizzy Kalu (10th Cir., June 29, 2015) (affirming conviction and […]
Discrimination & Retaliation Teufel v. Dept. of the Army (10th Cir., June 26, 2015 — persusasive) (denying Teufel’s petition for review because all the points raised are “committed by law to the appropriate agency of the Executive branch”) Billy v. Curry County Board of Commissioners (10th Cir., June 25, 2015 — persuasive) (very brief case upholding Billy’s […]
Public Employees Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff’s testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment) Discrimination/Retaliation Tadlock v. Marshall County HMA, LLC (10th Cir., February 25, 2015) (reversing summary judgment in […]
Tol On July 25, 2011, the Tenth Circuit Court of Appeals, the federal appellate court having jurisdiction over federal cases in Utah, decided an issue that had yet to be decided by that court—whether an employee claiming a violation of his or her right to association was required to show that the association involved an […]
In Sarkar v. McCallin, the Tenth Circuit affirmed a trial court’s decision to dismiss a case that a Chief Information Officer brought against his former employer. The CIO argued, among other things, that he was dismissed for exercising his First Amendment rights in complaining about the contract performance of one of the computer software vendors providing services […]
In Dillon v. Twin Peaks Charter Academy, the Tenth Circuit Court of Appeals upheld a jury verdict against a teacher’s claims of violation of her free speech and association rights by a charter school. The teacher claimed that the charter school’s ban on gossip and command “forbidding teachers from discussing school matters outside of school” […]
In Lauck v. Campbell County, the Tenth Circuit upheld a district court’s ruling that dismissed a case against a sheriff’s department brought by a deputy after he was reassigned to the Civil Process Division. Although the deputy claimed that his reassignment constituted a demotion, because his pay and rank were the same before the transfer, […]
On August 24, 2010, the Tenth Circuit Court of Appeals—the federal court having jurisdiction over Utah—ruled in Deutsch v. Jordan that a sheriff could continue in his claims against a city manager for firing him for what she claimed was his false testimony in a private law suit he brought against a citizen. The private citizen had […]
On Thursday, June 17, the United States Supreme Court upheld the discipline of a police officer for sending personal and some sexually explicit text messages on a city provided pager. In Ontario v. Quon, the Supreme Court assumed without holding that the police officer had a reasonable expectation of privacy in his text messages. It […]
