The court affirmed dismissal of Counts I–III because the complaint did not plausibly allege personal involvement by supervisory defendants, a substantial burden on religious exercise from delayed accommodations, or deliberate or repeated interference with Gallagher’s kosher diet.
U.S. Court of Appeals for the Tenth Circuit, 2009
Published opinions from 2009. The case name opens the case page.
2009 opinions
10th Cir.Byron Smith, Plaintiff-Appellant v. United States of America; Eric Holder
March 31, 2009561 F.3d 1090
The court affirmed dismissal of Smith’s FTCA claims, his Bivens claims against the United States, agencies, and officials sued in their official capacities, and his individual-capacity claims against the Attorney General and the Bureau of Prisons director.
The Tenth Circuit affirmed the district court’s judgment upholding the denial of supplemental security income benefits. It concluded that the ALJ was not required to develop the record further on mental impairments the claimant had not meaningfully raised, adequately explained the relevant findings, and supported the…