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

Civil Procedure and Civil Rights Matters

Hansen v. PT Bank Negara Indonesia, No. 09-4052, concerned an action claiming that defendant Indonesian state bank refused to honor certain financial instruments on the grounds that they were fraudulent and not issued by defendant.  The court of appeals affirmed the denial of defendant's motion for judgment on the pleadings, holding that 1) the district court's finding that defendant did not show by a preponderance of the evidence that none of its officers or employees actually participated in the alleged commercial activity was not clearly erroneous; and 2) the district court narrowly tailored its discovery order to the precise jurisdictional fact question presented.

Armijo v. Peterson, No. 09-2114, involved an action against police officers for violating the Fourth Amendment when they entered and searched plaintiff's home and detained her son.  The court of appeals reversed the denial of summary judgment based on qualified immunity, holding that 1) the Fourth Amendment evaluated reasonableness based upon what the officers reasonably believed at the time, and it did not matter that, in retrospect, information provided to the officers was wrong; and 2) the search was justified by exigent circumstances because there was an urgent need to protect those at the high school against a possible bomb threat.

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