410 F. App'x 134
10th Cir.2011Background
- Appellant Paul Keith Reyes, pro se, appeals district court dismissal of his 42 U.S.C. § 1983 complaint arising from an incident at Central New Mexico Community College.
- Reyes claims defendants Kear, Rodgers, Jaramillo, Gallegos, Perkins, and Trounge detained him on campus and questioned him following a contentious dispute in the financial aid office, asserting Fourth Amendment violations.
- Reyes also asserted a breach-of-contract claim against CNMCC related to its disenrollment of Reyes from the college.
- The district court dismissed the Fourth Amendment claim with prejudice, and dismissed the breach-of-contract claim without prejudice, declining supplemental jurisdiction under 28 U.S.C. § 1367(c).
- On appeal, the Tenth Circuit reviews de novo the Fourth Amendment dismissal and reviews for abuse of discretion the denial of supplemental jurisdiction; the appeal is dismissed as frivolous, and in forma pauperis status is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fourth Amendment claim was properly dismissed | Reyes contends the detention violated his rights. | Defendants contend the detention was reasonable under the circumstances. | Dismissal affirmed; claim baseless even liberally construed. |
| Whether the district court properly declined supplemental jurisdiction over the contract claim | Contract claim should have original jurisdiction. | No facts support original jurisdiction; district court acted within discretion. | Affirmed; no abuse of discretion in declining supplemental jurisdiction. |
| Whether the appeal should be dismissed as frivolous | Appeal presents colorable federal claims. | Claims lack merit and frivolous on the record. | Appeal dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). |
Key Cases Cited
- Gaines v. Stenseng, 292 F.3d 1222 (10th Cir. 2002) (liberal construction of pro se pleadings; futility standard for amendment)
- Whitney v. New Mexico, 113 F.3d 1170 (10th Cir. 1997) (requirement that futility be shown for sua sponte dismissal)
- Thompson v. Gibson, 289 F.3d 1218 (10th Cir. 2002) (frivolousness standard for appellate dismissal)
- Ball v. Renner, 54 F.3d 664 (10th Cir. 1995) (supplemental jurisdiction guiding principle)
- Perkins v. Kan. Dep’t of Corr., 165 F.3d 803 (10th Cir. 1999) (de novo review standard for Fourth Amendment claims; § 1915 review)
- United States v. Winder, 557 F.3d 1129 (10th Cir. 2009) (investigative detention duration must be no longer than necessary)