Justia Constitutional Law Opinion Summaries

The case involves the Consumer Product Safety Commission's (CPSC) second attempt to regulate small, high-powered magnets that pose serious health risks to children when ingested. These magnets, used in various consumer products like jewelry and puzzles, can cause severe internal injuries or death if swallowed. The CPSC's first attempt to regulate these magnets was struck down by the Tenth Circuit in 2016 due to inadequate data supporting the rule. The CPSC then revised its approach and issued a new rule, which is now being challenged by industry groups.The industry groups petitioned for review of the CPSC's new rule, arguing that the CPSC's cost-benefit analysis was flawed and that the rule was promulgated by an unconstitutionally structured agency. They contended that the CPSC's data on magnet ingestions was unreliable, that the CPSC failed to consider the impact of its own enforcement efforts, and that the rule was underinclusive and arbitrary. They also argued that existing voluntary standards were sufficient to address the risks posed by the magnets.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court found that the CPSC's rule was supported by substantial evidence, noting that the CPSC had adequately addressed the shortcomings identified in the previous case and had conducted a thorough cost-benefit analysis. The court also held that the CPSC's structure, which includes removal protections for its commissioners, was constitutional, reaffirming its previous decision in Leachco, Inc. v. Consumer Product Safety Commission.The Tenth Circuit denied the petition for review, upholding the CPSC's rule regulating small, high-powered magnets. The court concluded that the rule was necessary to address the significant health risks posed by these magnets and that the CPSC had acted within its authority in promulgating the rule. View "Magnetsafety.org v. Consumer Product Safety Commission" on Justia Law

Amelia Baca, a 75-year-old woman with dementia, was fatally shot by Officer Jared Cosper in Las Cruces, New Mexico. On April 16, 2022, Baca's daughter called 911, reporting that Baca had become aggressive and threatened to kill her and her daughter. Officer Cosper, who was nearby, responded to the call. Upon arrival, he saw Baca holding knives and ordered her to drop them. Baca did not comply and took two slow steps towards Cosper, who then shot her twice, resulting in her death.The Estate of Amelia Baca filed a complaint in the United States District Court for the District of New Mexico, alleging that Officer Cosper used excessive force in violation of the Fourth Amendment. The district court granted summary judgment in favor of Cosper on qualified immunity grounds, concluding that the Estate had not raised a genuine dispute of material fact regarding Cosper's perception of an immediate threat.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court concluded that the district court erred in granting summary judgment. Viewing the evidence in the light most favorable to the Estate, the Tenth Circuit determined that a reasonable jury could find a Fourth Amendment excessive-force violation. The court also held that such a violation was clearly established under controlling law at the time of the shooting. Consequently, the Tenth Circuit reversed the district court's grant of summary judgment and remanded the case for further proceedings. View "Baca v. Cosper" on Justia Law

Petitioners Jason Fabrizius and Fabrizius Livestock LLC sought review of a USDA Judicial Officer's order that denied their appeal of two USDA ALJ orders. The ALJ found Fabrizius Livestock responsible for ensuring animals transported interstate had required documentation and issued a $210,000 fine against the company. Fabrizius Livestock, a Colorado corporation dealing in horses, often sold horses intended for slaughter and kept them in conditions that made them vulnerable to disease. The company sold horses across state lines without the necessary documentation, including ICVIs and EIA test results.The ALJ found Fabrizius liable for violations of the CTESA and AHPA regulations, including transporting horses without owner/shipper certificates and selling horses without ICVIs. The ALJ imposed a $210,000 fine, which included penalties for each violation. Fabrizius appealed to a USDA Judicial Officer, arguing that the regulation was unconstitutionally vague, they were not among the "persons responsible," they lacked adequate notice, the fine was arbitrary and capricious, and the fine was excessive under the Eighth Amendment. The Judicial Officer rejected these arguments and affirmed the ALJ's orders.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the regulation was not unconstitutionally vague and provided adequate notice. The court found that the term "persons responsible" reasonably included sellers like Fabrizius. The court also held that the $200,000 fine for the AHPA violations was not arbitrary or capricious, as the Judicial Officer had considered all relevant factors. Finally, the court found that the fine was not excessive under the Eighth Amendment, given the gravity of the violations and the potential harm to the equine industry. The court denied the petition for review. View "Fabrizius v. United States Department of Agriculture" on Justia Law

A transgender woman, Darlene Griffith, filed a civil rights lawsuit regarding her pretrial confinement at the El Paso County Jail in Colorado. She alleged that the jail's policies, which assigned housing based on genitalia and denied her access to female clothing and products, violated her constitutional rights and the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The district court dismissed her complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), leading to this appeal.The United States District Court for the District of Colorado dismissed Ms. Griffith’s complaint, concluding that she failed to state a plausible claim for relief. The court applied rational-basis review to her Equal Protection claim, finding that transgender individuals are not a protected class under existing precedent. The court also dismissed her ADA and Rehabilitation Act claims for lack of subject matter jurisdiction, as she did not properly name the county as a defendant according to state law requirements.The United States Court of Appeals for the Tenth Circuit reviewed the case and concluded that remand was required for some of Ms. Griffith’s claims. The court reversed and remanded for further proceedings on her Fourteenth Amendment Equal Protection claim against Sheriff Elder in his official capacity, her Fourth and Fourteenth Amendment cross-gender search claims against Sheriff Elder in his official capacity, and her Fourth Amendment abusive search claim against Deputy Mustapick. The court vacated the district court’s order dismissing Ms. Griffith’s ADA and Rehabilitation Act claims under Rule 12(b)(6) because those claims were dismissed without prejudice for lack of subject matter jurisdiction under Rule 12(b)(1), and that ruling was unchallenged on appeal. The court otherwise affirmed the district court’s dismissal of the remaining claims. View "Griffith v. El Paso County, Colorado" on Justia Law

Defendant Alexander Pauler was convicted of possessing a firearm after having previously been convicted of a misdemeanor crime of domestic violence. The district court denied Defendant’s motion to dismiss the indictment for failure to state an offense, holding that Defendant violated the applicable statute because he possessed a firearm in 2014 after having been convicted in 2009 of violating a Wichita, Kansas municipal domestic battery ordinance by punching his girlfriend. The sole issue for the Tenth Circuit's review was whether a misdemeanor violation of a municipal ordinance qualified as a “misdemeanor under . . . State . . . law” when viewed in the context of a statutory scheme that clearly and consistently differentiated between state and local governments and between state statutes and municipal ordinances. Applying well-established principles of statutory interpretation, the Tenth Circuit held that it did not, and the Court accordingly reversed and remanded for the district court to vacate Defendant’s federal conviction. View "United States v. Pauler" on Justia Law

The test applied in evaluating the constitutionality of a reasonable doubt jury instruction instruction is not whether a court finds it exemplary. Rather, the proper inquiry requires a court to consider the instructions in their entirety and ask whether a “reasonable likelihood” exists that the jury “understood the instructions to allow conviction based on proof insufficient to meet the [reasonable doubt] standard.” The Government charged Defendant Ishmael Petty with assaulting three employees at the federal correctional facility in Florence, Colorado. At Defendant’s trial, the district court tendered the jury a reasonable doubt instruction that tracked verbatim the Tenth Circuit’s Pattern Jury Instruction on reasonable doubt. The district court overruled Defendant’s objections to the instruction, and a jury found Defendant guilty. Defendant contended the district court’s instruction diluted the Government’s burden of proof contrary to his Fifth Amendment right to due process and his Sixth Amendment right to a fair trial. After review, the Tenth Circuit rejected Defendant’s argument that the reasonable doubt instruction as tendered was unconstitutional, and affirmed. View "United States v. Petty" on Justia Law

This appeal involved a criminal defendant’s obligation to pay restitution to his victims. Kapelle Simpson-El was convicted of crimes involving the sale of stolen cars. His sentence included a restitution obligation of $432,930.00. Since obtaining release, Simpson-El has paid at least 5% of his gross monthly income toward restitution. Simpson-El was injured while serving his prison sentence at a federal prison. The injury was allegedly exacerbated by inadequate medical attention and a lack of treatment, leading Simpson-El to sue the federal government under the Federal Tort Claims Act. After obtaining release from prison, Simpson-El settled with the government for $200,000. The government sought modification of the restitution order based on a material change in economic circumstances, requesting an order for Simpson-El to pay the entire $200,000 as restitution. The district court granted the motion in part, applying $145,640 of the settlement funds toward restitution. The Tenth Circuit found a restitution payment schedule could be modified when the defendant’s economic circumstances materially change. Simpson-El appealed, arguing the settlement funds were not a “material change in economic circumstances.” Finding no reversible error in the district court’s restitution order, the Tenth Circuit affirmed. View "United States v. Simpson-El" on Justia Law

A jury convicted Mark Ellis of five felony offenses and one misdemeanor offense involving child sexual assault on his adopted daughter, V.E. Child sexual assault allegations against Ellis first arose during his contentious divorce from V.E.’s mother. At trial, defense counsel Rowe Stayton argued that Ellis had been falsely accused: that V.E.’s vengeful mother was coaching her, and that V.E.’s sexual knowledge came only from admitted sexual abuse by her older brother. After he was convicted, Ellis moved for postconviction relief in Colorado state district court, alleging his counsel had been constitutionally ineffective for failing to interview and/or call to testify: (1) an expert forensic; and (2) several lay witnesses who could testify in particular about the Ellises’ family dynamics when the allegations arose. The state district court denied relief. The Colorado Court of Appeals affirmed.Ellis never sought review of his ineffective-assistance claim with the Colorado Supreme Court. On appeal to the federal courts Ellis raised similar arguments raised at the state court level. His motion was granted, and the State appealed, arguing the federal district court erred in finding Ellis exhausted state remedies, and in granting habeas relief on Ellis’ ineffective assistance claim. The Tenth Circuit concluded that Ellis adequately exhausted his ineffective assistance claim, but the district court erred in granting him conditional habeas relief on that claim. Any question as to the propriety of the district court’s ninety-day retrial condition was effectively moot because the Tenth Circuit concluded that the district court should not have granted habeas relief in the first place. View "Ellis v. Raemisch" on Justia Law

Patrolling a high-crime area in Tulsa, Oklahoma, an officer saw a man riding a bicycle against traffic and not using a bicycle headlight, in violation of Tulsa’s traffic law. Unknown to the officer, the bicyclist was Phillip Morgan, who had a string of felony convictions: (1) unlawful possession of a firearm and ammunition, (2) accessory after the fact to first-degree murder, (3) unlawful possession of a controlled drug, and (4) unlawful possession with intent to distribute a controlled drug. After a lawful traffic stop, an officer has authority to order a driver and passengers from a car. The issue presented here was whether an officer has authority to order a person to step off his bicycle after a lawful traffic stop. Under the circumstances of this case, the Tenth Circuit held that the officer had that authority. View "United States v. Morgan" on Justia Law

“Lowrie v. United States,” (824 F.2d 827 (10th Cir. 1987)), is still the controlling case law in matters challenging “activities leading up to and culminating in” an assessment. The Green Solution was a Colorado-based marijuana dispensary being audited by the Internal Revenue Service for tax deductions and credits taken for trafficking in a “controlled substance.” Green Solution sued the IRS seeking to enjoin the IRS from investigating whether it trafficked in a controlled substance in violation of federal law, and seeking a declaratory judgment that the IRS was acting outside its statutory authority when it made findings that a taxpayer trafficked in a controlled substance. Green Solution claimed it would suffer irreparable harm if the IRS were allowed to continue its investigation because a denial of deductions would: (1) deprive it of income, (2) constitute a penalty that would effect a forfeiture of all of its income and capital, and (3) violate its Fifth Amendment rights. The IRS moved to dismiss for lack of subject matter jurisdiction. According to the IRS, Green Solution’s claim for injunctive relief was foreclosed by the Anti-Injunction Act (AIA), which barred suits “for the purpose of restraining the assessment or collection of any tax.” Similarly, the IRS asserted that the claim for declaratory relief violated the Declaratory Judgment Act (DJA), which prohibited declaratory judgments in certain federal tax matters. The district court dismissed the action with prejudice for lack of subject matter jurisdiction, relying on “Lowrie.” Green Solution timely appealed, contending the district court had jurisdiction to hear its claims because the Supreme Court implicitly overruled Lowrie in “Direct Marketing Association v. Brohl,” (135 S. Ct. 1124 (2015)). The Tenth Circuit concluded it was still bound by Lowrie and affirmed. View "Green Solution Retail v. United States" on Justia Law