U.S. Tenth Circuit: December 2012 Archives
U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

December 2012 Archives

Under the Individuals with Disabilities Education Improvement Act (IDEA), students with disabilities are entitled to a free and appropriate education (FAPE) tailored to their specific needs through the use of an individualized education plan (IEP). If the district fails to provide a FAPE, the parents can look elsewhere and enroll the child in a private facility - on the original school district’s dime.

Elizabeth is a special needs student. While she had progressed through most of the tenth grade, her emotional disturbances were interfering with her educational progress and eventually necessitated treatment in a facility. While she was undergoing treatment, her prior school district notified her parents that she was being de-enrolled from her school placement and that an IEP would not be provided until Elizabeth was returned to the district.

No Relief for Hobby Lobby in Birth Control Mandate Appeal

Unless there’s some kind of Christmas miracle in the next 10 days, Hobby Lobby will not get an injunction as a gift from Santa the Tenth Circuit Court of Appeals this year.

Hobby Lobby doesn’t want to comply with the Affordable Care Act birth control mandate, which becomes effective January 1. It asked the appellate court to enjoin the law. Thursday, the Tenth Circuit denied the crafty chain’s motion for a preliminary injunction, finding that Hobby Lobby failed to demonstrate “entitlement to such relief.”

Right to Counsel: Signed, Sealed, Delivered

We get it. A lot of alleged criminals aren't so bright.

But when a suspect has a lawyer — and a note from his lawyer saying that he doesn't want to talk to the cops without counsel — we can't understand why he would agree to speak to the FBI.

Luckily, the courts will occasionally step in to save people from themselves.

No Qualified Immunity for Cops Who Suffocated Suspect

The Tenth Circuit Court of Appeals ruled this week it did not have jurisdiction to consider whether cops who allegedly suffocated a suspect were entitled to qualified immunity.

In 2009, two 911 callers reported Richard Monarque's odd behavior. Monarque was reportedly running around the street, creating a ruckus. Rio Rancho Police Officers Justin Garcia and Leroy Maldonado arrived on the scene first and observed Monarque sweating profusely and hallucinating that dogs were attacking him. Sergeant Monte Jones arrived shortly thereafter.

Even Ke$ha Knows That! Non-Exempt Employees Must Log Their Time

Frank Brown sued his former employer, ScriptPro, LLC, alleging Fair Labor Standards Act (FLSA) violations and trying to collect payment for overtime hours he allegedly worked from home. Brown, however, was a non-exempt employee and he didn't log that time.

That brings us -- and the Tenth Circuit Court of Appeals -- to what we will call the Ke$ha rule of non-exempt compensation: If an employee wants to be paid for his work, it has to be "tik tok, on the clock." Or the payment party will stop.