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Jackson v. Los Lunas Cmty. Program, 880 F.3d 1176 (10th Cir. Jan. 23, 2018).

Jan 23, 2018

In this civil rights appeal, the Tenth Circuit clarified the standard that applies to a motion to set aside a consent decree under the equity prong of Rule 60(b)(5) of the Federal Rules of Civil Procedure.  The Tenth Circuit held the district court erred by focusing on the narrow issue of a party’s past compliance without broader consideration of whether there was an ongoing violation of federal law, and it remanded for additional findings.