Published opinions from 1999. The case name opens the case page.
March 1, 1999173 F.3d 1226
The court held that the State School for the Deaf and Blind was an arm of Utah, but that Utah waived Eleventh Amendment immunity by removing the suit and litigating its merits in federal court.
January 27, 1999165 F.3d 803
Reviewing the pre-service dismissal de novo, the court held that the prisoner’s allegations concerning prolonged denial of outdoor exercise and the humiliating face-mask restriction could not be dismissed at the pleading stage, and that his due-process claim required further factual development.
January 25, 1999165 F.3d 1321
The Tenth Circuit affirmed summary judgment for the State on Simms’s pre-1995 retaliation claims and his failure-to-promote race-discrimination claim. The retaliation amendment alleged a new theory and could not relate back to the original EEOC charge; the earlier retaliation also did not qualify for the…