Sanchez v. Gallagher

── Sanchez v. Gallagher ── Court: Court of Appeals for the Tenth Circuit Date: May 19, 2026 Category: General Appellate Case: 25-2072 Document: 36-1 Date Filed: 05/19/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT May 19, 2026 _________________________________ Christopher M. Wolpert Clerk of Court JASON SANCHEZ, Plaintiff - Appellee, v. No. 25-2072 (D.C. No. 2:25-CV-00226-MIS-GJF) MIKE GALLAGHER, individually (D.N.M.) and in his official capacity; EDDY COUNTY BOARD OF COMMISSIONERS, Defendants - Appellants. _________________________________ ORDER AND JUDGMENT * _________________________________ Before PHILLIPS, McHUGH, and ROSSMAN, Circuit Judges. _________________________________ As the adage goes, when the facts are bad, pound the law; when the law is bad, pound the facts; and when both are bad, pound the table. But on appeal from a denial of qualified immunity, pounding facts—other than those the district court found—is usually off limits. Except under the doctrines of law of the case, res judicata, and * collateral estoppel, this order and judgment is not binding precedent. But it may be cited for its persuasive value, consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.  Appellate Case: 25-2072 Document: 36-1 Date Filed: 05/19/2026 Page: 2 Put another way, in appeals of qualified-immunity denials, we defer to a district court’s finding of genuine issues of material facts. And unless certain narrow exceptions apply, the court’s facts comprise the universe on appeal. Here, that universe contains former Eddy County, New Mexico, resident Jason Sanchez. Sanchez wrote a coarse screed decrying alleged corruption in the county sheriff’s office, submitted it to the county’s website, and received confirmation that it would be read aloud at the Board of County Commissioner’s next meeting. After county manager Mike Gallagher chose not to read Sanchez’s comment aloud, Sanchez sued Gallagher and the Board for violating his First Amendment right to free speech. At summary judgment, Gallagher asserted qualified immunity, arguing that he chose not to read Sanchez’s comment for viewpoint-neutral reasons. But the district court concluded that a reasonable jury could find that Gallagher chose not to read Sanchez’s comment because of Sanchez’s viewpoint. We affirm the district court’s denial of qualified immunity. As explained below, Sanchez is entitled to have a jury determine whether Gallagher violated Sanchez’s clearly established right under the First Amendment. BACKGROUND Because this is an interlocutory appeal of a denial of summary judgment based on qualified immunity, we draw the facts from the district court’s order. E.g., Paugh v. Uintah Cnty., 47 F.4th 1139, 1147 n.2 (10th Cir. 2022). 2  Appellate Case: 25-2072 Document: 36-1 Date Filed: 05/19/2026 Page: 3 Somewhere in Texas, Jason Sanchez was unhappy. As he saw it, corruption in the Eddy County, New Mexico, sheriff’s office had led to his wrongful conviction for stalking the mother of his child. After a state appellate court reversed his conviction, Sanchez intended to let the people of Eddy County know his thoughts about their sheriff’s office. S