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Kerry Brown Bey, Sr. v. J. Michael Quinlan H. Allen Carver Ralph Swoboda Sandra K. Branson Robert W. Wood Carl J. Kopplin Flora Magee Robert M. Fenner
Citations: 956 F.2d 277; 1992 U.S. App. LEXIS 10171; 1992 WL 43493Docket: 91-3307
Court: Court of Appeals for the Tenth Circuit; March 1, 1992; Federal Appellate Court
Kerry Brown Bey, Sr. (Appellant) appealed the dismissal of his pro se civil rights complaint by the district court. The court found that the complaint did not present a claim of constitutional significance. The United States Court of Appeals for the Tenth Circuit, consisting of Judges John P. Moore, Tacha, and Brorby, determined unanimously that oral argument was unnecessary for resolving the appeal. Appellant argued that the district court misunderstood his claims and provided insufficient justification for the dismissal, asserting that it lacked federal jurisdiction and failed to render a judgment on the merits. The appellate court reviewed the record and rejected these arguments, concluding that the district court had accurately assessed the nature of the complaint and had indeed issued a judgment on the merits. The court agreed with the district court's determination that the complaint did not state a viable constitutional claim. The appellate court granted Bey's motion to proceed in forma pauperis and affirmed the district court's decision. The order and judgment are non-precedential, meaning they cannot be cited for general legal precedent within the Tenth Circuit, except for specific legal doctrines such as law of the case, res judicata, or collateral estoppel.