David Caleb Hairabedian v. Robert Berger, 951 F.2d 1259 (10th Cir. 1991). · Go Syfert
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David Caleb Hairabedian v. Robert Berger, 951 F.2d 1259 (10th Cir. 1991). Cases Citing This Book View Copy Cite
45 citation events (7 in the last 25 years) across 9 distinct courts.
Strongest positive: Frazier v. Eagle Air Med Corporation (utd, 2024-08-27)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Frazier v. Eagle Air Med Corporation
D. Utah · 2024 · confidence medium
As such, her testimony is subject to exclusion.27 23 Id. at 808 . 24 Id. 25 Docket No. 73-3, at 17. 26 Klein, 574 F. Supp. 3d at 1012. 27 Lyons v. Bustos, 951 F.2d 1259, at *2 (10th Cir. 1991) (unpublished table decision) (affirming decision to exclude “the testimony of plaintiff’s expert witnesses on the issue of probable cause”).
cited Cited "see" Manzanares v. Roosevelt Cnty. Adult Det. Ctr.
D.N.M. · 2018 · signal: see · confidence high
See Lueker v. Davies , 951 F.2d 1259 , 1259 (10th Cir. 1991) (unpublished).
discussed Cited "see" Griffen v. City of Oklahoma City
10th Cir. · 1993 · signal: see · confidence high
See Harrison v. Luse, 760 F.Supp. 1394, 1401 (D.Col.), aff'd, 951 F.2d 1259 (10th Cir.1991); Schmitz v. Campbell-Mithun, Inc., 124 F.R.D. 189, 192 (N.D.Ill.1989); Crowell v. Holy Order of Mans, 39 Fed.R.Serv.2d 1223 , 1224 (D.Mass.1984); In Re Wolf, 118 B.R. 761, 768 (Bankr.C.D.Cal.1990); see also Dahnke, 906 F.2d at 1200 (in case removed to federal court, the court stated, "[s]ince [appellants] filed their action in a state administrative agency ... any sanctions imposed against the appellants for their conduct in that forum must be based upon the rules of that forum, not ours"); Anthony v. T…
discussed Cited "see" Griffen v. City of Oklahoma City
10th Cir. · 1993 · signal: see · confidence high
See Harrison v. Luse, 760 F.Supp. 1394, 1401 (D.Col.), aff'd,, 951 F.2d 1259 (10th Cir.1991); Schmitz v. Campbell-Mithun, Inc., 124 F.R.D. 189, 192 (N.D.Ill.1989); Crowell v. Holy Order of Mans, 39 Fed.R.Serv.2d 1223 , 1224 (D.Mass.1984); In Re Wolf, 118 B.R. 761, 768 (Bankr.C.D.Cal.1990); see also Dahnke, 906 F.2d at 1200 (in case removed to federal court, the court stated, “[s]inee [appellants] filed their action in a state administrative agency ... any sanctions imposed against the appellants for their conduct in that forum must be based upon the rules of that forum, not ours’’); Anth…
cited Cited "see" Bunn v. Frontier Airlines, Inc. (In Re Frontier Airlines, Inc.)
D. Colo. · 1992 · signal: see · confidence high
See Bunn v. Frontier Airlines, Inc. (In re Frontier Airlines, Inc.), 117 B.R. 585 (D.Colo.1990), aff'd, 951 F.2d 1259 (10th Cir.1991) (upholding the validity of the JPA).
Retrieving the full opinion text from the archive…
David Caleb Hairabedian
v.
Robert Berger
91-1309.
Court of Appeals for the Tenth Circuit.
Dec 20, 1991.
951 F.2d 1259
Published

951 F.2d 1259

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

David Caleb HAIRABEDIAN, Plaintiff-Appellant,
v.
Robert BERGER, Defendant-Appellee.

No. 91-1309.

United States Court of Appeals, Tenth Circuit.

Dec. 20, 1991.

Before JOHN P. MOORE, TACHA and BRORBY, Circuit Judges.

ORDER AND JUDGMENT[*]

JOHN P. MOORE, Circuit Judge.

1

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

2

This is an appeal from the dismissal of a pro se complaint filed against a private attorney as a "Bivens Action." The district court dismissed the complaint, holding that a Bivens Action did not lie against an attorney who was employed neither by nor for the federal government. The district court correctly held that such an attorney is not a federal actor and, therefore, the claim should be dismissed. We agree. Romero v. Peterson, 930 F.2d 1502, 1506 (10th Cir.1991); Polk County v. Dodson, 454 U.S. 312 (1981); Haley v. Walker, 751 F.2d 284, 285 (8th Cir.1984). Plaintiff's attempt to avoid this result is totally without foundation, and the complaint as well as this appeal is unquestionably frivolous.

3

AFFIRMED. The mandate shall issue forthwith.

*

This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3