Larry Don Shelton v. Pittsburg County Board of Commissioners, Also Known as Pittsburg County District Court, District One Pittsburg County Board of Commissioners, Also Known as Pittsburg County District Court, District Two Pittsburg County Board of Commissioners, Also Known as Pittsburg County District Court, Distrit Three Oklahoma Department of Human Services Colleen Shelton John Does, Any and All Other Persons Not Known Who May Become Known Later

Docket: 97-7046

Court: Court of Appeals for the Tenth Circuit; August 12, 1997; Federal Appellate Court

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Larry Don Shelton appealed the dismissal of his claims under 42 U.S.C. § 1983 against various defendants, including the Pittsburg County Board of Commissioners and the Oklahoma Department of Human Services. The United States Court of Appeals for the Tenth Circuit affirmed the dismissal, concluding that Shelton's claims did not warrant a jury trial as dismissal does not infringe upon the Seventh Amendment right unless there are genuine issues of material fact.

The court also rejected Shelton's argument regarding a violation of his First Amendment right to petition the government, stating that access to the courts requires compliance with federal procedural rules. The district court's dismissal was found appropriate under Federal Rule of Civil Procedure 12(b)(6), as Shelton's allegations were deemed conclusory and lacked sufficient factual support to substantiate his claims. Furthermore, the court noted that Shelton failed to present any facts supporting his claims against Colleen Shelton and did not demonstrate any constitutional violations related to the Supremacy and Oath of Office Clauses.

The appellate court did not address other issues raised by Shelton due to the lack of factual allegations supporting his claims. The decision was finalized with the issuance of a mandate, clarifying that the order and judgment do not serve as binding precedent except in specific legal contexts. Citations of this unpublished opinion are disfavored but permitted under certain conditions.