David Thomas Lewis

U.S. Court of Appeals for the Tenth Circuit circuit Deceased · served 1956–1977 Appointed by Dwight D. Eisenhower (Republican) 28 signed orders read

Judge Lewis no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Lewis decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

Treats the Federal Tort Claims Act's presentment-and-final-denial prerequisite as a non-waivable jurisdictional condition on suit.

“This requirement is jurisdictional and cannot be waived.”

Cautions

Requires clear, unequivocal, and specific consent for a warrantless search; a spouse's implicit consent to search a car's passenger compartment does not extend to a locked trunk searched in her absence.

“Her implicit consent to search the passenger compartment in her presence with her assistance does not constitute unequivocal and specific consent to search the locked trunk in her absence.”

Declines to infer employer agency, and the sanctions that flow from it, from an employee's concealed criminal act taken to the employer's detriment.

“We are convinced that the record reflects a criminal frolic of Azmai's and that the inference of responsibility placed on plaintiff is not justified.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Eason Oil Company v. Federal Power Commission
· 1961-12-19
Petition for review (petitioner) Granted

“For the reasons therein stated this case is remanded to the Commission for iurther proceedings.”

Johnston v. United States
· 1962-04-24
Appeal (petitioner-appellant) Denied

“Affirmed.”

Simpson v. Simpson
· 1962-12-03
Appeal (plaintiff-appellant) Denied

“Affirmed.”

Hayes v. Taylor
· 1963-12-02
Appeal (petitioner-appellant) Denied

“Affirmed.”

Thompson v. Cox
· 1965-11-15
Appeal (petitioner-appellant) Denied

“Affirmed.”

Gessner v. United States
· 1965-12-21
Appeal (defendant-appellant) Granted

“The case is remanded to the trial court with directions to grant a new trial.”

Murillo v. Cox
· 1966-04-05
Appeal (petitioner-appellant) Denied

“Affirmed.”

Duran v. Rodriguez
· 1967-08-21
Appeal (petitioner-appellant) Granted

“The case is remanded for further proceedings.”

Opheim v. Campbell
· 1967-12-05
Appeal (petitioner-appellant) Moot / procedural

“and the appeal is dismissed”

Samuels v. United States
· 1968-07-05
Appeal (defendant-appellant) Denied

“Affirmed.”

Rodgers v. United States
· 1969-07-09
Appeal (defendant-appellant) Denied

“Affirmed.”

Green v. United States
· 1969-05-15
Appeal (defendant-appellant) Granted

“The judgments are reversed and remanded with instructions to grant new trials.”

A historical record

Judge Lewis no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.