Mostafa v. Blanche — 10th Cir. (Sep 15, 2026)

No. 25-1454 Argued September 15, 2026 Published September 27, 2026

The Tenth Circuit hears Mostafa Kamel Mostafa's appeal over medical care at the federal ADX prison in Colorado. Mostafa's arms were amputated below the elbows. He says inadequate prosthetics and inconsistent help with meals and hygiene leave him struggling with basic daily tasks. The district court dismissed his Eighth Amendment claim for damages against individual officials. His lawyer will seek a hearing on needed accommodations and argue that Bivens permits money damages. Bivens is a narrow, judge-recognized route to damages for constitutional violations by federal officers. The government will argue that Tenth Circuit precedent blocks that route, and that his Administrative Procedure Act theory identifies no reviewable final agency action. The judges also consider waiting for a related Supreme Court case, Nielsen v. Watanabe, set for argument in November.

Mostafa v. Blanche (No. 25-1454) — U.S. Court of Appeals for the Tenth Circuit, argued September 15, 2026.

Sources

Argument audio — Tenth Circuit (public domain, 17 U.S.C. § 105):https://www.ca10.uscourts.gov/sites/ca10/files/oralarguments/25-1454.mp3

Argument listing and date — Tenth Circuit:https://www.ca10.uscourts.gov/oralargument/search-results?field_oa_hearing_date_value%5Bmin%5D%5Bdate%5D=08%2F01%2F2026&field_oa_hearing_date_value%5Bmax%5D%5Bdate%5D=09%2F27%2F2026

Appeal docket — Tenth Circuit:https://dockets.justia.com/docket/circuit-courts/ca10/25-1454

Mostafa district-court order — District of Colorado:https://cases.justia.com/federal/district-courts/colorado/codce/1:2020cv00694/196235/327/0.pdf

Rowland v. Matevousian — Tenth Circuit:https://law.justia.com/cases/federal/appellate-courts/ca10/23-1343/23-1343-2024-11-19.html

Bivens v. Six Unknown Named Agents — Supreme Court:https://www.law.cornell.edu/supremecourt/text/403/388

APA final-action requirement, 5 U.S.C. § 704:https://www.govinfo.gov/link/uscode/5/704

Nielsen v. Watanabe docket — Supreme Court:https://www.supremecourt.gov/docket/docketfiles/html/public/25-417.html

Paul Wolf pro bono appointment — District of Colorado:https://www.cod.uscourts.gov/Portals/0/Documents/AttInfo/2021_Pro_Bono_Panel_Annual_Report.pdf

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