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Significant Cases

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Federal Cases 
Torres v. Bd. of Cty. Commrs., 2000 U.S. App. LEXIS 23593 (10th Cir. Sept. 19, 2000)(First Amendment rights of public employee to be free from discrimination on basis of marital association and union affiliation)Norman-Bloodsaw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998) (constitutional privacy rights of employees subjected to blood and urine testing for sickle cell trait, pregnancy and syphilis) (wrote amicus brief on fourth amendment privacy issues for the American Civil Liberties Union, the National Employment Lawyers Association and the American Public Health Association)Doe v. United States, 132 F.3d 1430 (Fed. Cir. 1997)(wrongful termination of Air Force officer resulting, in part, from improper acquisition by United States Air Force of Colorado state court files)(co-counsel for appellant)

Roe v. Cheyenne Mtn Conf. Resort, 124 F.3d 1221 (10th Cir. 1997) (ADA rights of employees to use prescription drugs at work without supervisor approval) (represented appellant);

Gallegos v. City of Colorado Springs, 114 F.3d 1024 (10th Cir. 1997)(Fourth Amendment rights involving stop and excessive by police officers)

Sanders v. Robert Bosch Corp., 38 F.3d 736 (4th Cir. 1994) (rights of employees to be free from secret and continuous audio taping of telephone calls under the Federal Wiretap Act) (co-counsel for appellant)

Doe v. National Medical Services, Inc., 974 F. 2d 143 (10th Cir. 1992)(whether there were sufficient contacts between plaintiff and drug testing firm under the Due Process Clause of the Fourteenth Amendment in federal court action for negligently testing)

Flanagan v. Munger, 890 F. 2d 1557 (10th Cir. 1989)(First Amendment right of police officers to operate video rental store containing X-rated videos)

Bayles v. American Medical Response, 962 F. Supp. 1346 (D. Colo. 1997)(whether court’s decertification of conditionally certified class in Fair Labor Standards Act case operated as an automatic dismissal of those class members from the case)

Bayles v. American Medical Response, 950 F. Supp. 1053 (D. Colo. 1996)(various issues involving Fair Labor Standards Act class action case on behalf of ambulance employees)

Bayles v. American Medical Response, 937 F. Supp. 1477 (D. Colo. 1996)(same)

Johnson v. N.T.I., Inc., 944 F. Supp. 839 (D. Colo. 1996)(whether employee established a prima facie case of racially discriminatory discharge)

Hall v. Lopez, 823 F. Supp. 857 (D. Colo. 1993)(Fourth Amendment validity of City’s no-knock policy and whether police officers were entitled to qualified immunity for injuries to plaintiff who was shot in no-knock raid)

Smith v. Colorado Interstate Gas Co., 794 F. Supp. 1035 (D. Colo. 1992)(retroactive application of 1991 amendments to Civil Rights Act of 1991).

State Cases 
Ex Parte Smith, 683 So. 2d 431 (Ala. 1996)(whether teacher’s §1983 state court claim for termination in retaliation for speech on a matter of public concern was precluded due to a prior judicially unreviewed administrative determination affirming his dismissal)

State v. First Nat’l Bk., 660 P. 2d 406 (1982)(various legal issues relating to class action fraud action against land developer in Alaska)

Palmer v. State, 604 P.2d 1106 (Alas. 1979)(whether videotaping of DUI suspect’s field sobriety test violated his right to privacy under the Alaska Constitution)

State v. Glass, 596 P.2d 10 (Alas. 1979)(whether Alaska constitutional right to privacy barred warrantless audio monitoring of suspected drug dealer’s conversations with undercover police officer without the consent of the suspect; court acknowledged comprehensiveness of Mr. Cornish’s brief on this issue, id. at 12, n. 3)

Coffey v. State, 585 P.2d 514 (Alas. 1978)(retroactive application of new constitutional rule on participant monitoring; court acknowledged persuasiveness of Mr. Cornish’s brief on the underlying new rule, id. at 518, n.10)

Alaska Gay Coalition v. Sullivan, 578 P.2d 951 (Alas. 1978)(whether Mayor’s deletion of name and address of gay organization from City sponsored publication of community service organizations violated the First Amendment rights of the organization)

Wilson v. State, 711 P.2d 547 (Alas. App. 1985)(whether defendant convicted of kidnapping and sexual assault was denied effective assistance of counsel)

Bd. of Cty. Commrs. v. Sundheim, 926 P.2d 545 (Colo. 1996)(whether Colorado Constitution’s Due Process Clause afforded landowner private cause of action against county commission for alleged arbitrary denial of a special use permit)

City of Colorado Springs v. Givan, 897 P. 2d 753 (Colo. 1995)(whether electrician for City was denied substantive due process when he was fired based on conviction for off-duty incest)

Valdez v. Avrim, 994 P.2d 483 (Colo. App. 1999)(whether phrase “reduction in force” contained in a personnel manual applied to a situation where the employer eliminated plaintiff’s position while adding a new position, or only where the net numerical effect of a reorganization is the reduction of the total employee pool by one or more)

Martinez v. Bd. of Cty. Commrs. of the Housing Aut. of the City of Pueblo, 992 P.2d 692 (Colo. App. 1999)(whether judicial review under Rule 106 of administrative discharge hearing required verbatim transcript)

Lawrence v. State, 910 P. 2d 73 (Colo. App. 1995)(whether state employee was required to exhaust administrative remedies as a pre-requisite to filing a judicial action for violation of his rights to overtime pay under the Fair Labor Standards Act)

Casserly v. State, 844 P.2d 1275 (Colo. App. 1992)(various issues relating to Fair Labor Standards Act claim brought by physician assistants for unpaid on-call time)

Peterson v. ENT Federal Credit Union, 827 P. 2d 621 (Colo. App. 1992)(whether workers compensation claimant was entitled to benefits for stress-related claim)

Fishburn v. Bailey, 868 P.2d 1143 (Colo. App. 1993)(whether public employees are entitled as a matter of procedural due process to the names of adverse witnesses and their written statements prior to a pre-termination meeting)

Salimi v. Farmers Ins., 684 P.2d 264 (Colo. App. 1984)(whether employer’s demotion of employee in violation of employee handbook stated a valid cause of action for breach of contract).