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Administrative Procedure Act Challenge to Forest Service Action, and Civil Rights Matter

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By FindLaw Staff on August 03, 2010 8:45 AM

Braxton v. Zavaras, No. 10-1053, involved an action by Colorado prisoners proceeding pro se, alleging that defendants violated their civil rights during a public strip search at a correctional facility.  The court of appeals affirmed the dismissal of the action as untimely, holding that 1) the Colorado Supreme Court had not held that the statute of limitations was automatically tolled whenever a person is involved in any administrative review process; and 2) plaintiffs did not diligently pursue their claims following the exhaustion of their administrative remedies.

McKeen v. US Forest Serv., No. 08-2290, concerned an action under the Administrative Procedure Act challenging Forest Service actions affecting plaintiff's livestock grazing permits.  The court of appeals affirmed summary judgment for defendants in part, on the grounds that 1) because plaintiff did not administratively appeal the terms of the permit to which he agreed in February of 2004, he was precluded from seeking judicial review of said terms or of the Forest Service's basis for imposing them; and 2) plaintiff never explained how his allegation that the "planning committee" was not consulted, if true, provided any grounds to set aside the September 27, 2002 Decision Notice.

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