Justia Government & Administrative Law Opinion Summaries

The City of Newkirk and Kay Electric Cooperative both provide electricity to Oklahoma consumers. "When a city acts as a market participant it generally has to play by the same rules as everyone else. It can't abuse its monopoly power or conspire to suppress competition. Except sometimes it can. If the city can show that its parent state authorized it to upend normal competition [. . . ] the city enjoys immunity from federal antitrust liability. The problem for the City of Newkirk in this case is that the state has done no such thing." Kay sued Newkirk alleging that the City engaged in unlawful tying and attempted monopolization in violation of the Sherman Act, 15 U.S.C. 1,2. The district court refused to allow the case to proceed, granting Newkirk's motion to dismiss after it found the City "immune" from liability as a matter of law. Upon review, the Tenth Circuit found that the state did not authorize Newkirk to enter the local electricity market as it did in this case. The Court reversed the district court and remanded the case for further proceedings.

Plaintiff Duane Barber (Barber) appealed the Commissioner of Social Security's denial of benefits claiming that an Administrative Law Judge (ALJ) failed to properly consider the evidence he presented in support of his claim. Plaintiff claimed he was disabled by schizophrenia, anti-social personality disorder, depression, anxiety and bipolar disorder. Barber eventually applied for Supplemental Security Income but the ALJ concluded at step five of the five-step evaluation process that Plaintiff was not disabled. The Appeals Council denied review, and a magistrate judge, acting on the parties' consent, affirmed. Plaintiff then brought his appeal to the Tenth Circuit. Upon review of the administrative record, the Tenth Circuit found that the ALJ properly explained his findings throughout. Because the record supported the ALJ's decision in this case, the Tenth Circuit affirmed the ALJ's decision to deny Plaintiff's application for benefits.

Plaintiff Billy Merrifield brought a 42 U.S.C. 1983 action against his former employer Defendant Board of Commissioners for Santa Fe. In his suit, he alleged he had been denied procedural due process with respect to the County's pre termination hearing process when he was fired from his position as a Youth Services Administrator. His complaint also alleged that he was fired in retaliation for retaining an attorney. The district court granted summary judgment in favor of Defendant, and set aside a state administrative decision to award him back pay. Upon review, the Tenth Circuit held that Plaintiff failed to show that the County's pre termination process was constitutionally inadequate and that his association with an attorney lead to his termination.

The issue central to this case stemmed from a contract dispute between two landowners and the City of Casper Wyoming as to whether the landowners were obligated to reimburse the City for certain street improvements. When the landowners did not comply with the City's demand for payment, the City recorded deficiency notices in the local property records on their lots. The landowners sued the City, claiming the notices violated their rights to due process and equal protection. The district court granted summary judgment in favor of the City on the ground that the landowners had not shown the existence of a protected property interest and that the deficiency notices did not constitute a deprivation of any right. Upon review by the Tenth Circuit, the Court concluded that the landowners demonstrated a disputed issue of fact as to whether the City harmed their property interests. The Court remanded the case for consideration of whether that deprivation violated the Due Process Clause. However, the Court found that the district court did not abuse its discretion in dismissing the equal protection claim.

The issue before the Tenth Circuit in this case centered around the right to provide water service to certain customers in and around Guthrie, Oklahoma. Plaintiff-Appellee Rural Water, Sewer and Solid Waste Management District No. 1 claimed that its right to serve these customers was grounded in state law and protected from competition from encroaching water districts by federal statute. Plaintiff contended that Defendant-Appellants City of Guthrie and the Guthrie Public Works Authority violated the federal law by extending water service to customers located within its designated service area. The Court consolidated several challenges to multiple district court orders in this matter. In sum, the Court remanded the case back to the district court for further proceedings with respect to what the federal law requires in terms of water service, and for findings on the degree to which Plaintiff was compliant in terms of its service to the City.

Plaintiff Rosemary Kilinski sought social security benefits in 1999. The Commissioner determined that she was disabled as of October 2003. In this case, Plaintiff appealed the district court's judgment that upheld the Commissioner's determination that her disability onset date was in 2003 rather than 1999. Upon review, the Tenth Circuit found that the Administrative Law Judge erred in assessing Plaintiff's residual functional capacity. Accordingly, the Court remanded the case for further proceedings.

The issue central to this appeal involves the Northern San Juan Basin Coal Bed Methane project (Project) which was approved by the U.S. Forest Service and the Bureau of Land Management (BLM). The Project contemplates the construction of numerous gas wells within the San Juan National Forest and on other federal lands. San Juan Citizens Alliance (SJCA) and four other environmental advocacy groups filed suit in district court in Colorado for alleged violations of the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA). The suit contends that the 2007 record of decision approving the Project was unlawful. Several companies holding valid leases in the area and interested in drilling for gas were permitted to intervene. The district court entered judgment in favor of the defendants. SJCA argued on appeal that the Project violated the NFMA because it is inconsistent with provisions of the San Juan National Forest Plan protecting old-growth ponderosa pine forests, wildlife habitat and riparian areas. Upon review, the Tenth Circuit vacated a portion of the district court judgment pertaining to the NFMA claims that challenged approval of the Project. The Court dismissed those claims without prejudice. Additionally, the Court affirmed the district court's order regarding the NEPA. The case was remanded back to the district court for further proceedings.

Plaintiff Laurie Harper appealed a district court's order that affirmed the denial of her disability benefits. Plaintiff alleged her disability was based on fibromyalgia and depression. The Social Security Administration denied her applications initially and on reconsideration. The Administrative Law Judge determined that she was not "disabled" within the meaning of the Social Security Act. Upon review of the testimony of the expert witnesses and the record of the Commission's analysis of her case, the Tenth Circuit found sufficient evidence to support Ms. Harper's claim of disability in this case. The Court reversed the district court's order and remanded the case to the Commissioner for further proceedings.

Defendant Herman Ransom appealed a district court's denial of his motion for acquittal or for a new trial after he was convicted on wire fraud and theft of public money. Defendant was accused of falsifying his time sheets from work at the Department of Housing and Urban Development (HUD). When Defendant took full-day leaves, he listed "8:00 a.m. to 4:30 p.m." as his working hours. Though an assistant prepared the time sheets, he signed them and a supervisor approved them. The records were then forwarded via wire to a central processing unit. HUD received an anonymous complaint about Defendant's frequent absences from the office, and an internal investigation would reveal the discrepancy in his time sheets. On appeal to the Tenth Circuit, Defendant challenged the validity of the evidence presented against him at trial. Upon review of the record and the applicable legal standard, the Tenth Circuit found sufficient evidence to support Defendant's conviction on wire fraud and theft charges. The Court affirmed the lower court's decision and Defendant's conviction.

Petitioner Vickers Waugh appealed a decision of the Board of Immigration Appeals (BIA) that ordered him removed from the United States. In August 2009, Petitioner pled guilty in Utah state court to one count of felonious sexual contact with a minor. Following his conviction, the government instituted removal proceedings. The immigration judge (IJ) found petitioner removable on two grounds: for sexual abuse of a minor and for child abuse. While Petitioner's proceedings were pending, the Supreme Court issued its opinion in "Padilla v. Kentucky," which held that a non-citizen defendant had a Sixth Amendment right to be advised of the risk of removal resulting from a guilty plea. Relying on that case, Petitioner unsuccessfully moved to terminate his removal proceedings. On appeal to the Tenth Circuit, Petitioner challenged the IJ and BIA's refusal to terminate the removal proceedings against him, arguing that his constitutional rights had been violated when no one advised him of the potential of removal when he pled guilty to the state felony charges. The Tenth Circuit found that "Petitioner attempt[ed] to frame his argument as a denial of due process . . . [i]t appears Petitioner's true objection, however, is to the way the IJ and BIA exercised their discretion. . . . This challenge raise[d] neither a constitutional nor a legal issue." The Court found it did not have jurisdiction to review his petition, and declined further review.