The title of this blog post is the holding of a recent Tenth Circuit case, Tanner v. McMurray, https://www.ca10.uscourts.gov/opinions/19/19-2166.pdf (10th Cir. 3/2/2021). All quotations below (except the statute itself) are from Senior Circuit Judge Lucero’s outstanding opinion for a unanimous panel. Footnotes, citations and internal brackets are omitted (i.e., bracketed language is mine); most internal quotation marks are omitted.
