11 July 2018

10th Circuit reinstates qui tam case; vacates mine safety citation; affirms dismissal of malicious prosecution and related claims; and vacates order for lack of subject matter jurisdiction.

by William Gaskill

5 May 2017

!0th Circuit reverses denial of qualified immunity for prosecutor; affirmed denial of a motion to suppress; affirms dismissal of marijuana dispensary suit to enjoin IRS investigation of its business records; and affirms drug conspiracy conviction.

by William Gaskill

28 June 2016

10th Circuit holds no need for deposition to issue third party subpoena in trademark administrative proceeding; affirms denial of habeas claim based on juror communication with husband; affirms dismissal of derivative suit; affirms admission of uncharged child molestation evidence at rape trial; affirms denial of qualified immunity to officer who shot and killed a dog; rejects a malicious prosecution claim; upholds a tax levy; and holds US Air force Academy entitled to protection under Colorado’s recreational use statute.

by William Gaskill

8 March 2016

10th Circuit holds criminal case dismissed for speedy trial violations cannot serve as basis for malicious prosecution claim; holds more conditions of supervised release not vague; and holds Clean Air Act statute of limitations starts running when unlawful construction or modification starts.

by William Gaskill

2 March 2016

10th Circuit holds no state action means no 1983 claim for malicious prosecution and holds Colorado’s political donation reporting and disclosure requirements unconstitutional as applied to issues committee spending $3,500 in an election cycle.

by William Gaskill