Published opinions from 1991. The case name opens the case page.
December 2, 1991950 F.2d 656
The court reversed the denial of Moore’s § 2255 petition and remanded for an evidentiary hearing. It held that the failure to object did not bar appellate review because the magistrate’s recommendation did not warn the pro se petitioner that failing to object would waive appeal, and that his allegations of conflicts…
July 30, 1991939 F.2d 887
The court affirmed summary judgment for Arvin on Bacchus’s RICO, common-law fraud and misrepresentation, and commercial-disparagement claims, concluding that the evidence did not adequately support the required fraud, conspiracy, or knowing publication of false statements.
The court affirmed dismissal of a prisoner’s claims that confiscation and destruction of Native American religious items and a mandatory haircut violated his rights. It held that the undisputed prison policies described in the Martinez report could be considered on the dismissal motion, and that the pleaded facts did…
The Tenth Circuit affirmed dismissal of a prisoner’s free-exercise claims concerning confiscated and destroyed Native American religious items and a haircut policy. It held that undisputed descriptions of prison policies in a Martinez report could be considered with the pleadings, and that the challenged restrictions…
March 21, 1991933 F.2d 799
The court affirmed the denial of disability benefits, concluding that the ALJ’s assessment of the medical evidence and credibility was supported by substantial evidence, even though the ALJ did not discuss the claimant’s medication-side-effect testimony.
March 13, 1991927 F.2d 1165
The court vacated the district court’s disposition of the plaintiff’s Rule 60(b) motion and remanded that motion because the district court failed to address it after learning that the plaintiff had attempted to submit timely objections to the magistrate’s report.