HARTZ , Circuit Judge . A jury rejected an employment-discrimination claim against JetStream Ground Services, Inc. filed by several Muslim women and the Equal Employment Opportunity Commission (EEOC) (collectively, Plaintiffs 1 ), who alleged that JetStream discriminated against the women on religious grounds by refusing to hire them because they wore hijabs. Plaintiffs' sole argument on appeal is that the district court abused its discretion by refusing to impose a sanction on JetStream —...
KELLY , Circuit Judge . Plaintiff-Appellant Ray Carney appeals from the district court's dismissal of his claims under the Eighth and Fourteenth Amendments. Carney v. Okla. Dep't of Pub. Safety , No. 5:16-CV-00484-R, 2016 WL 4250473 (W.D. Okla. Aug. 10, 2016). He also raises an additional First Amendment claim not considered by the district court. Our jurisdiction arises under 28 U.S.C. 1291. We affirm the district court's dismissal on the Eighth and Fourteenth Amendment claims; the...
HOLMES , Circuit Judge . This case presents a difficult question of Kansas law: when do legal malpractice claims involving a failure to act sound in tort rather than contract Kansas, like other states, distinguishes between legal malpractice claims. Some sound in contract. Others sound in tort. Generally, breach of a specific contractual provision or agreement to do a certain action sounds in contract, while breach of a duty imposed by law on attorneys by virtue of the attorney-client...
KELLY , Circuit Judge . Objector-Appellant Dale Hefner appeals from the district court's denial of his motion for settlement-related discovery, approval of the settlement agreement, and order regarding attorneys' fees. In re Sandridge Energy, Inc. , No. CIV-13-102-W, 2015 WL 11899141 (W.D. Okla. Dec. 15, 2015); In re Sandridge Energy, Inc. , No. CIV-13-102-W, 2015 WL 11921422 (W.D. Okla. Dec. 22, 2015). Exercising jurisdiction under 28 U.S.C. 1291, we affirm. Background This case...
EBEL , Circuit Judge . The question presented in this petition for review is whether Petitioner Juan Alberto Lucio-Rayos's municipal theft conviction qualifies as a crime involving moral turpitude ("CIMT"), which would make him ineligible for cancellation of removal. Lucio-Rayos was convicted under a divisible municipal code provision that sets forth several different theft offenses, some of which qualify as CIMTs and some of which do not. Applying the modified categorical approach, it is...
MURPHY , Circuit Judge . I. Introduction After Detective James Woods accessed a state database containing the prescription drug records of Plaintiffs Ryan Pyle and Marlon Jones, Pyle and Jones brought separate lawsuits pursuant to 42 U.S.C. 1983, each challenging Defendants' conduct as violative of the Fourth Amendment and the Fair Credit Reporting Act ("FCRA"). In both suits, the district court dismissed the claims against Defendant Woods, concluding Woods was entitled to qualified...
SEYMOUR , Circuit Judge . On a dark and rainy night in October 2011, Samuel Pauly was shot to death through the window of his rural New Mexico home by one of three state police officers who were investigating an earlier road rage incident on Interstate 25 involving his brother. On behalf of Samuel Pauly's estate, his father filed a civil rights action against the three officers, the State of New Mexico Department of Public Safety, and two state officials, claiming defendants violated his...
BRISCOE , Circuit Judge . Plaintiff Greggory Owings sustained a disabling injury on the job and was afforded long-term disability benefits by defendant United of Omaha Life Insurance Company (United), under the terms of a group insurance policy issued by United to Owings' employer. Owings disagreed with, and attempted without success to administratively challenge, the amount of his disability benefits. He then filed suit against United in Kansas state court, but United removed the action to...
ORDER These matters are before the court on the Petition for Panel Rehearing and Rehearing En Banc filed by appellants Alkon, Frank, Holyoak, Martin, and Schulman in number 15-3228. Upon consideration, the panel grants in part, and only to the extent of the modifications contained in the attached revised Opinion, that part of the request seeking panel rehearing. The Opinion filed on August 23, 2017, is hereby withdrawn, and shall be replaced by the attached revised Opinion effective the date...
PHILLIPS , Circuit Judge . Cox Cable subscribers cannot access premium cable services — features such as interactive program guides, pay-per-view programming, and recording or rewinding capabilities — unless they also rent a set-top box from Cox. Dissatisfied with this arrangement, a class of plaintiffs in Oklahoma City ("Plaintiffs") sued Cox under the antitrust laws. They alleged that Cox had illegally tied cable services to set-top-box rentals in violation of 1 of the Sherman Act,...
EBEL , Circuit Judge . This case presents the question whether a large-scale excavation project — which involved the excavation, modification, and use of rock and soil during the installation of wind turbines — constituted "mining" under the pertinent federal regulations that address mineral development on Indian land. When an entity engages in "mining" of minerals owned by the Osage Nation, a federally approved lease must be obtained from the tribe. 25 C.F.R. 214.7. The Bureau of Indian...
BRISCOE , Circuit Judge . Appellants WildEarth Guardians and Sierra Club (Plaintiffs) challenge the Bureau of Land Management's (BLM) decision to approve four coal leases in Wyoming's Powder River Basin. Plaintiffs brought an Administrative Procedure Act (APA) claim arguing that the BLM failed to comply with the National Environmental Policy Act (NEPA) when it concluded that issuing the leases would not result in higher national carbon dioxide emissions than would declining to issue them....
PHILLIPS , Circuit Judge . While he was reading a daily report aloud to his colleagues, Sigiefredo Sanchez mixed up the order of words and numbers, skipped over sections, and gave briefing points out of order. These were signs of a reading disorder that Sanchez was unaware he had. Because his job required him to provide transportation information to nuclear convoys, his reading disorder presented a potential threat to national safety. Once his condition was diagnosed, Sanchez lost his...
EBEL , Circuit Judge . There is an apparent conflict, which is squarely presented in this case, between two provisions of the Immigration and Nationality Act (INA). The asylum section provides that "[ a ] ny alien ..., irrespective of such alien's status, may apply for asylum [.]" 8 U.S.C. 1158(a)(1) (emphasis added). By contrast, the reinstatement provision mandates that a previously deported alien who illegally reenters the United States will have his prior removal order reinstated...
MORITZ , Circuit Judge . Consumers purchase gasoline by the gallon. But gas expands as it heats up. And that means the number of molecules — and, accordingly, the amount of energy — in a gallon of gas will vary based on the temperature at which it's dispensed. Yet retailers don't control for the effects of temperature when they sell gas to consumers. So consumers who purchase gas dispensed at higher temperatures may be getting less energy than they expect. These simple laws of physics gave...
MORITZ , Circuit Judge . After seven law enforcement officers arrested Stephen Nelson in a private residence, one officer continued searching the residence and found two firearms. The government attributed the firearms to Nelson, and he was indicted for possession of a firearm by a felon. See 18 U.S.C. 922(g)(1). Nelson moved to suppress the firearms, arguing that the officers violated the Fourth Amendment by continuing to search the residence after arresting him. The district court...
PER CURIAM . In this appeal, we affirm in part and reverse in part the district court's grant of summary judgment in favor of the defendants. Although the panel members write separately, each issue has been resolved by a minimum two-judge majority. The disposition of the claims is as follows: We AFFIRM the district court's grant of summary judgment on all claims asserted against defendant Jim Wingo. We similarly AFFIRM as to the plaintiffs' excessive force and Monell liability claims....
PHILLIPS , Circuit Judge . The district court remanded this case after concluding that the defendant had waived its right to remove by filing a motion to dismiss in state court. We hold that we have appellate jurisdiction over this appeal, and affirm. 1 BACKGROUND The City of Albuquerque ("the City") provides public-bus services to Albuquerque residents. As part of those services, the City charges a fare payable by cash or coin. The City hired Soto Enterprises, Inc., d/b/a Miracle...
MORITZ , Circuit Judge . These consolidated appeals arise from a government agency's decision to recapture, via administrative offset, funds that the agency allegedly overpaid to multiple grant recipients. The grant recipients brought suit in federal court, arguing in relevant part that the agency lacked authority to recapture the funds without first providing them with administrative hearings. The district court agreed and ordered the agency to repay the grant recipients. The agency now...
TYMKOVICH , Chief Judge . Under the federal environmental laws, the owner of property contaminated with hazardous substances or a person who arranges for the disposal of hazardous substances may be strictly liable for subsequent clean-up costs. In this case, the United States owned national forest lands in New Mexico that were mined over several generations by Chevron Mining Inc. The question we must resolve is whether the United States is a "potentially responsible party" (PRP), see, e.g.,...
