Earl S. Black v. Frank O. Gunter, Exec. Dir., Colorado Dep't of Corr., 996 F.2d 310 (10th Cir. 1993). · Go Syfert
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Earl S. Black v. Frank O. Gunter, Exec. Dir., Colorado Dep't of Corr., 996 F.2d 310 (10th Cir. 1993). Cases Citing This Book View Copy Cite
27 citation events (3 in the last 25 years) across 5 distinct courts.
Strongest positive: Lewis v. Glickman (ksd, 2000-06-12)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 2 distinct citers.
discussed Cited "see" Lewis v. Glickman
D. Kan. · 2000 · signal: see · confidence high
See Gaub v. Federal Aviation Administration, 996 F.2d 310 (Table) 1993 WL 213757, *2 (10th Cir.1993) (applying harmless error rule conventionally employed in criminal cases to ADA appeal, finding that the outcome of the case would not have been different in the absence of the asserted error, thus no prejudice in the denial of a continuance.) “The harmless error rule applies to judicial review of administrative proceedings.
discussed Cited "see" Snodderly v. Kansas
D. Kan. · 2000 · signal: see · confidence high
See Desmarteau v. City of Wichita, Kansas, 64 F.Supp.2d 1067, 1083 (D.Kan.1999) (intentional tort claims accrued at time of unlawful act as there is no exhaustion of administrative remedies for such claims) (citing Edwards v. Boeing, 996 F.2d 310 , No. 92-3276, 1993 WL 214566 (10th Cir. June 18, 1993)); Tonkovich v. Kansas Board of Regents, 159 F.3d *1162 504, 519 (10th Cir.1998) (“It is beyond dispute that a plaintiff need not exhaust state administrative remedies before filing suit in federal court under § 1983.”). 1 Finally, even if the plaintiff could overcome the insurmountable obsta…
Earl S. Black
v.
Frank O. Gunter, Executive Director, Colorado Department of Corrections
92-1165.
Court of Appeals for the Tenth Circuit.
May 18, 1993.
996 F.2d 310
Published

996 F.2d 310

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument,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.

Earl S. BLACK, Petitioner-Appellant,
v.
Frank O. GUNTER, Executive Director, Colorado Department of
Corrections, Respondent-Appellee.

No. 92-1165.

United States Court of Appeals, Tenth Circuit.

May 18, 1993.

Before SEYMOUR, RONEY,[*] and MOORE, Circuit Judges.

ORDER AND JUDGMENT[**]

JOHN P. MOORE, Circuit Judge.

1

The only issue presented by this appeal is whether its outcome is dictated by Lustgarden v. Gunter, 966 F.2d 552 (10th Cir.), cert. denied, 113 S.Ct. 624 (1992). Although, the two cases are factually and legally identical, petitioner attempts to distinguish them. We are unpersuaded by those attempts and consequently hold we are bound by Lustgarden. United States v. Cooper, 956 F.2d 960, 961 (10th Cir.1992) (one panel of this court cannot overrule the prior holding of another panel).

2

AFFIRMED.

*

The Honorable Paul H. Roney, Senior Circuit Judge for the United States Court of Appeals for the Eleventh Circuit, sitting by designation

**

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