U.S. Court of Appeals for the Tenth Circuit, 1995

The court affirmed the judgment for the police officer. It found no abuse of discretion in denying appointed counsel because Rucks could present his case, the issues were not complex, and his claim had little likelihood of success; it also held that his challenge to the arrest without probable cause was not appealable…

The Tenth Circuit affirmed dismissal for lack of subject matter jurisdiction, holding that the government was immune under the Flood Control Act because the water releases that caused the roadway ice were connected to flood-control operations.