10th Circuit Case Commentaries

Possession Bans Are Not “Commercial Sale” Conditions: Standing and Second Amendment Framework for Colorado’s Unserialized-Firearm Prohibitions

Date: Apr 24, 2026

Possession Bans Are Not “Commercial Sale” Conditions: Standing and Second Amendment Framework for Colorado’s Unserialized-Firearm Prohibitions I. Introduction In National Association for Gun Rights...

Criminal-Fraud Allegations Do Not Defeat Absolute Immunities in Civil § 1983/§ 1985 Damages Suits; Unbriefed/Unpled Claims Are Lost

Date: Apr 24, 2026

Criminal-Fraud Allegations Do Not Defeat Absolute Immunities in Civil § 1983/§ 1985 Damages Suits; Unbriefed/Unpled Claims Are Lost I. Introduction In Sherratt v. Braithwaite (10th Cir. Apr. 23,...

General Understaffing Allegations and Contractual Fines Do Not Plead Supervisory “Deliberate Indifference” Without Facts Showing Prior Materialized Violence or Specific Known Threats

Date: Apr 24, 2026

General Understaffing Allegations and Contractual Fines Do Not Plead Supervisory “Deliberate Indifference” Without Facts Showing Prior Materialized Violence or Specific Known Threats 1. Introduction...

Tenth Circuit Clarifies Proof of Eighth Amendment Sanitation Violations in Overcrowding: Maintenance Records Do Not Defeat Claims Where Inmates Lack Meaningful Work-Order Access

Date: Apr 24, 2026

Tenth Circuit Clarifies Proof of Eighth Amendment Sanitation Violations in Overcrowding: Maintenance Records Do Not Defeat Claims Where Inmates Lack Meaningful Work-Order Access 1. Introduction...

Bond v. Sheriff of Ottawa County: Jail Standards Evidence and Closing-Argument Misconduct Rarely Justify New Trial/Remittitur Where Evidence Supports a § 1983 Municipal Medical-Care Verdict

Date: Apr 24, 2026

Bond v. Sheriff of Ottawa County: Jail Standards Evidence and Closing-Argument Misconduct Rarely Justify New Trial/Remittitur Where Evidence Supports a § 1983 Municipal Medical-Care Verdict...

Bond v. Sheriff of Ottawa County — Failure-to-Train Monell Liability for Pretrial Medical Death; Jail Standards Admissible as Circumstantial Evidence; Remittitur Not Driven by Comparative Verdicts or Deterrence Rhetoric Absent Prejudice

Date: Apr 24, 2026

Bond v. Sheriff of Ottawa County — Failure-to-Train Monell Liability for Pretrial Medical Death; Jail Standards Admissible as Circumstantial Evidence; Remittitur Not Driven by Comparative Verdicts or...

Womble v. Chrisman: Maintenance Work Orders Do Not Eliminate Triable Eighth Amendment Sanitation Claims Where Inmates Lack Meaningful Reporting Access

Date: Apr 24, 2026

Womble v. Chrisman: Maintenance Work Orders Do Not Eliminate Triable Eighth Amendment Sanitation Claims Where Inmates Lack Meaningful Reporting Access 1. Introduction Parties: Joseph Z. Womble...

Ex parte Young Does Not Override § 1983’s Statutory Bar on Injunctions Against Judges Absent a Violated Declaratory Decree or Unavailable Declaratory Relief

Date: Apr 23, 2026

Ex parte Young Does Not Override § 1983’s Statutory Bar on Injunctions Against Judges Absent a Violated Declaratory Decree or Unavailable Declaratory Relief I. Introduction Lowrey v. Collela (10th...

IGRA § 2710(d)(7)(A)(ii) Abrogates Tribal Immunity for Suits Brought by Any Indian Tribe to Enjoin Compact-Violating Class III Gaming on Indian Lands

Date: Apr 23, 2026

IGRA § 2710(d)(7)(A)(ii) Abrogates Tribal Immunity for Suits Brought by Any Indian Tribe to Enjoin Compact-Violating Class III Gaming on Indian Lands Introduction In Comanche Nation v. Ware (10th...

Shao v. Garland: Non-Credible Testimony Cannot Lay Foundation for Key Documents; Spousal Inconsistencies May Impeach the Lead Asylum Claim

Date: Apr 23, 2026

Shao v. Garland: Non-Credible Testimony Cannot Lay Foundation for Key Documents; Spousal Inconsistencies May Impeach the Lead Asylum Claim 1. Introduction In Shao v. Garland (10th Cir. Apr. 21,...

Womble v. Chrisman: Persistent Exposure to Human Waste from Overcrowding Creates a Triable Eighth Amendment Claim (and Costs Must Await a True “Prevailing Party”)

Date: Apr 23, 2026

Womble v. Chrisman: Persistent Exposure to Human Waste from Overcrowding Creates a Triable Eighth Amendment Claim (and Costs Must Await a True “Prevailing Party”) 1. Introduction In Womble v....

Packard v. City and County of Denver: Failure-to-Train Monell Liability for Protest Policing and Admissibility of Post-Event Independent Monitor Findings

Date: Apr 23, 2026

Failure-to-Train Monell Liability for Protest Policing, and Post-Event Independent Monitor Findings as Admissible Non-Remedial Evidence 1. Introduction Packard v. City and County of Denver (10th Cir....

Robinson v. Nationstar Mortgage: Article III Traceability Fails Where Independent Insurer and Borrower Actions Break the Causal Chain in FHA-Related Claims

Date: Apr 23, 2026

Robinson v. Nationstar Mortgage: Article III Traceability Fails Where Independent Insurer and Borrower Actions Break the Causal Chain in FHA-Related Claims 1. Introduction In Robinson v. Nationstar...

Pre-Enforcement Judicial-Takings Suits May Proceed Against State Enforcers Under Ex parte Young, but Plaintiffs Must Plausibly Allege an “Established” Property Right

Date: Apr 23, 2026

Pre-Enforcement Judicial-Takings Suits May Proceed Against State Enforcers Under Ex parte Young, but Plaintiffs Must Plausibly Allege an “Established” Property Right I. Introduction Sanchez v. Torrez...

Bond v. Sheriff of Ottawa County — Upholding Monell Failure-to-Train Liability Using Jail-Standards Evidence and Rejecting Comparative-Verdict Benchmarks for Remittitur

Date: Apr 23, 2026

Bond v. Sheriff of Ottawa County — Upholding Monell Failure-to-Train Liability Using Jail-Standards Evidence and Rejecting Comparative-Verdict Benchmarks for Remittitur Court: United States Court of...

Tenth Circuit: Clearly Established Fourth Amendment Violation to Shoot a Peaceful Protester with Pepperballs Absent Threat, Serious Crime, or Flight

Date: Apr 23, 2026

Tenth Circuit: Clearly Established Fourth Amendment Violation to Shoot a Peaceful Protester with Pepperballs Absent Threat, Serious Crime, or Flight Introduction In Epps v. Christian (10th Cir. Apr....

§ 7701(o) Reaches Mechanically Compliant TCJA “Mismatch” Shelters: Integrated Series Treated as the Transaction

Date: Apr 23, 2026

§ 7701(o) Reaches Mechanically Compliant TCJA “Mismatch” Shelters: Integrated Series Treated as the Transaction Case: Liberty Global, Inc. v. United States (No. 23-1410) | Court: Tenth Circuit |...

United States v. Carpena: Duress in § 1326 “Found In” Cases Requires Proof of No Reasonable Escape and Prompt Bona Fide Surrender

Date: Apr 23, 2026

United States v. Carpena: Duress in § 1326 “Found In” Cases Requires Proof of No Reasonable Escape and Prompt Bona Fide Surrender I. Introduction In United States v. Carpena (10th Cir. Apr. 21,...

United States v. King: Alternate § 1152/§ 1153 Charging Permitted; Indian-Status Proof May Rest on Totality of Recognition Evidence (Including Descendant Benefits and Tribal Custody)

Date: Apr 23, 2026

United States v. King: Alternate § 1152/§ 1153 Charging Permitted; Indian-Status Proof May Rest on Totality of Recognition Evidence (Including Descendant Benefits and Tribal Custody) Court: U.S....

Expired Travel Credits Are Not Refunds of TSA Security Fees; Airlines Must Remit Collected § 44940 Fees Unless Actually Returned to Passengers

Date: Apr 23, 2026

Expired Travel Credits Are Not Refunds of TSA Security Fees; Airlines Must Remit Collected § 44940 Fees Unless Actually Returned to Passengers I. Introduction In Frontier Airlines, Inc. v. Department...

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