360 results for 'court:"8th Circuit"'.
J. Kobes finds a lower court properly dismissed a school district's denial of a child's parents' request for instruction outside of regular hours. The school district argued that it was not obligated to provide the child, who suffers from epilepsy and seizures, with evening instructions after it had already established an individual education program on her behalf. However, the parents sufficiently showed in court that the district failed to provide the child with free appropriate education by denying a customized educational plan based on her inability to attend school before noon, when her seizures are most frequent. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: March 21, 2024, Case #: 22-2137, Categories: Civil Rights, Ada / Rehabilitation Act, Education
[Consolidated.] J. Erickson finds a lower court improperly dismissed a security counselor's discrimination claims against a state employer. The employee objected to required gender identity training, which he claimed violated his religious beliefs, after which the employer did not interview him for a promotion, which it had done when similar positions opened in the past. The employee presented sufficient evidence in court that his employer violated his civil rights for engaging in protected activities. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: March 21, 2024, Case #: 23-1207, Categories: Civil Rights, Employment, Employment Discrimination
J. Erickson finds a lower court properly dismissed a mother's challenge to a termination ruling of her parental rights. The mother argued that she was entitled to alter the court's judgment. However, the county sufficiently showed that the court lacks jurisdiction based on her untimely filing. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: March 21, 2024, Case #: 22-1902, Categories: Family Law, Jurisdiction
J. Melloy finds a lower court properly dismissed a civilian's civil rights claims against the government. The civilian argued that police officers wrongfully removed him from a motel room without establishing eviction measures, even though his stay at the establishment was part of a program for elderly and vulnerable adults during Covid-19. However, government attorney's sufficiently showed in court that the police officers are entitled to qualified immunity for removing him from the premises based on his status as a hotel guest and not a protected tenant. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 21, 2024, Case #: 23-1835, Categories: Civil Rights, Immunity, Covid-19
J. Stras finds a lower court improperly relieved a prisoner from having to pay restitution under the Justice for Victims of Trafficking Act violations after being convicted of sexual exploitation of a child. The defendant argued that he was not obligated to pay a special assessment based on lack of funds. However, the government sufficiently showed in court that he is not indigent based on his net worth of $120,000 from home equity and funds from a checking account. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: March 20, 2024, Case #: 23-1847, Categories: Sex Offender, Restitution, Human Trafficking
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J. Melloy finds a lower court properly dismissed the Pharmaceutical Research and Manufacturers of America's claims that federal law impliedly preempts Act 1103, which prohibits drug manufacturers from placing limits on covered entities' ability to contract with outside pharmacies. The PhRMA argued that Section 340B program and the Federal Food, Drug, and Cosmetic Act preempt Act 1103. However, the commissioner of the State's insurance department sufficiently showed in court that the Act is not an obstacle for drug makers, but rather a mechanism to fulfill the purpose of 340B. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 12, 2024, Case #: 22-3675, Categories: Government, Health Care, Insurance
J. Colloton finds a lower court properly awarded attorney's fees to a female police officer on retaliation claims against a city. The city argued that the lower court erred in denying its motion for summary judgment. However, the police officer sufficiently showed in court the the city's motion is untimely, and that she is entitled to an award for administrative fees. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: March 11, 2024, Case #: 23-1553, Categories: Attorney Fees, Employment Retaliation
J. Benton finds a lower court properly dismissed an affiliated group of Native American tribes' challenge of a grant of drilling applications on behalf of a exploration company. The three tribes argued that the approvals violate the Administrative Procedure Act, and that the drilling project is a detriment to its source of drinking water. However, the exploration company sufficiently showed in court that the project was aligned with statutory and regulatory guidelines. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-2459, Categories: Construction, Government, Native Americans
J. Benton finds a lower court properly dismissed two India nationals motion to obtain permanent status in the U.S. The two nonimmigrant workers, who attained temporary authorization to work, argued that they are entitled to a temporary restraining order against the immigration service for prompt adjudication of their applications. However, the government sufficiently showed that the court lacks subject matter jurisdiction. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-3066, Categories: Employment, Immigration, Jurisdiction
J. Grasz finds a lower court properly denied a Mayor and a board of Alderman's motion for summary judgment concerning the termination of two police officers who filed grievances against a police chief for failing to maintain department vehicles and radar equipment. The Mayor and the Alderman argued that they are protected by qualified immunity on the police officers' First Amendment retaliation claims. However, the police officers sufficiently showed in court that they are entitled to relief for making public concern statements outside of their duties as police officers. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: March 4, 2024, Case #: 22-3668, Categories: Employment, Immunity, First Amendment
J. Loken finds a lower court properly dismissed a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he was entitled for relief under the Convention Against Torture for being forced to transport weapons and drugs under the direction of the MS-13 gang, and that he would face maltreatment for being homosexual. However, he failed to present evidence in court that he was mistreated by police, gang members, and government authorities based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: March 4, 2024, Case #: 22-3565, Categories: Civil Rights, Immigration
J. Grasz finds a lower court properly granted an insurance company's motion for summary judgment concerning coverage claims brought by a warehouse. The warehouse operator argued that its policy with the insurance company covers property damage liability for the collapse of a building during a deadly tornado. However, the insurance company sufficiently showed in court that it is not obligated to cover damages given that Amazon is the actual owner of the facility. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: March 4, 2024, Case #: 23-1450, Categories: Insurance, Property, Contract
J. Shepherd finds a lower court properly sentenced a defendant to 420 months in prison and three years probation for conspiracy to sell fentanyl and distribution of fentanyl that resulted in the death of a man in a casino. The defendant argued that the lower court erred in admitting text messages between himself and a co-conspirator named "Glenn." However, the government sufficiently showed in court that the defendant's text messages to his co-conspirator concerning drug sales of fentanyl were not erroneously admitted during his trial. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-2211, Categories: Drug Offender, Evidence
J. Shepherd finds a lower court properly dismissed an animal carcass processor's civil rights claims against a city. The agricultural business argued that the city wrongfully designated it as a nonconforming business, in violation of its First Amendment and Equal Protection rights. However, the city sufficiently showed in court that the business has continuously violated its foul odor ordinance, despite spending significant money on odor-abatement technology. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-1579, Categories: Agriculture, Civil Rights, Property
[Consolidated]. J. Shepherd finds that this appeal in this bankruptcy dispute must be dismissed. The trust seeks to to dismiss a creditor's claims that certain dragnet clauses in mortgages are enforceable. The creditor argued that the clauses are valid. However, the court lacks jurisdiction because the bankruptcy court still has much to decide in this case.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 22-3201, Categories: Bankruptcy, Civil Procedure, Banking / Lending
J. Stras finds a lower court properly dismissed the Reporters Committee for Freedom of Press request to unseal federal criminal inquiries in connection. The government argued that the majority of the requested documents would be unsealed within six months. However, the government sufficiently showed that the court lacks jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: March 1, 2024, Case #: 22-3326, Categories: Civil Rights, Jurisdiction
J. Wollman finds a lower court properly sentenced a defendant to life imprisonment for sex trafficking minor children, alongside his co- conspirator girlfriend, who id serving 180 months in prison. The defendant argued that his sentence is unreasonable. However, the government sufficiently showed in court that he took on the role of manager of a sex traffic ring, posted advertisements online, and transported his victims to hotels to to be sexually abused. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: February 29, 2024, Case #: 22-3462, Categories: Sentencing, Prostitution, Child Victims
J. Benton finds a lower court properly dismissed a driver's contract claims against an insurance company. The driver argued that she was entitled to collect $500,000 from her parents policy after she was involved in a car accident. However, the insurance company sufficiently showed in court that the financial responsibility rule for bodily injury was set as $25,000 based on her status as an "insured person" and not a "named insured." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 29, 2024, Case #: 23-1497, Categories: Insurance, Contract
J. Shepherd finds a lower court properly dismissed a hand sanitizer company's motion for a new trial concerning contract claims against a wholesaler. The hand sanitizer company argued that it was entitled to a new trial after a jury awarded the wholesaler upwards of a million dollars in damages. However, the wholesaler sufficiently showed in court that the hand sanitizer company consistently fluctuated its prices and delayed shipping times, which resulted in a loss of customers. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 28, 2024, Case #: 22-3570, Categories: Jury, Damages, Contract
J. Erickson finds a lower court properly sentenced a defendant to 12 years for imprisonment of a child and life in prison for second- degree murder. The defendant argued that he was provided with inadequate representation after he abused and murdered his girlfriend's 11- month- old toddler, claimed in court that the she died from choking on baby wipes, and then demanded an evidentiary hearing. However, the government sufficiently showed in court that he failed to exhaust his administrative remedies, and that there was "virtually no chance" that he would have obtained an acquittal based on evidence. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 28, 2024, Case #: 23-1182, Categories: Evidence, Murder, Child Victims
J. Arnold finds a lower court properly sentenced a defendant to life in prison for abusive sexual contact with a fourth- grade female child. The defendant, the child's father's stepbrother, argued that his sentence enhancement was unreasonable. However, the government presented sufficient evidence in court that the defendant's sentence is reasonable based on impact statements from his previous victims, one who testified that he forced her to perform oral sex for ice cream, and that he was a "dangerous sex offender against minors." Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2116, Categories: Evidence, Sex Offender, Child Victims
J. Arnold finds a lower court improperly ruled in favor of a female minor on wage payment claims against her employer. The female minor argued that the mining company reduced her pay for walkaround rights, while paying a higher wage for actual mining activities. However, the cement company she works for sufficiently showed in court that walkaround activities for mine inspections were paid at a lower pay rate. Reversed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2213, Categories: Employment, Damages
J. Erickson finds a lower court properly dismissed a defendant's motion for a new trial on claims of violations of his Fifth and Sixth Amendment rights. The defendant, who was convicted on charges of kidnapping, interstate domestic violence, and strangulation, argued that the lower court excluded evidence that his dating partner had undergone previous trauma, which included past abortions and the death of her previous partner, who committed suicide. However, the government sufficiently showed in court that his attempt to present evidence of her prior trauma did not bolster his alleged innocence, and that she was not a willing participant in the "alleged consensual asphyxiation." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 28, 2024, Case #: 23-1345, Categories: Evidence, Domestic Violence, Kidnapping
J. Benton finds a lower court properly dismissed a citizen of Mexico's motion to reopen his bid to remain in the U.S. The citizen of Mexico argued that he is entitled to relief. However, the Department of Homeland Security sufficiently showed in court that he failed to appear in court. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 27, 2024, Case #: 22-3653, Categories: Immigration
J. Erickson finds a lower court improperly granted summary judgment in favor of a group of parents who sought to enjoin enforcement of a State code that prohibits masks in schools. The parents of disabled students argued that their children face a risk of harm of contracting Covid-19. However, the Governor of Iowa presented sufficient evidence in court that their concerns are speculative and lack standing. Vacated.
Court: 8th Circuit, Judge: Erickson, Filed On: February 27, 2024, Case #: 22-3338, Categories: Education, Covid-19
J. Shepherd finds a lower court properly sentenced a defendant to 92 months in prison following a conviction for possession with intent to distribute a controlled substance. The defendant argued that he is entitled to suppress evidence located by authorities in a traffic stop. However, the government sufficiently showed in court that a patrol officer discovered meth, cocaine, and drug paraphernalia inside the defendant's vehicle with the help of a drug sniffing canine, and had reasonable suspicion to pull him over for running a stop sign and speeding. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 26, 2024, Case #: 23-2121, Categories: Drug Offender, Evidence, Sentencing
J. Erickson finds a lower court properly dismissed a patient's wrongful confinement claims against a County health service. The patient argued that she was wrongfully civilly committed, misdiagnosed, and was forced to ingest neuroleptic medications without consent. However, the County health service sufficiently showed in court that she suffered from bipolar disorder, depression, generalized anxiety, and movement disorder, as well as suicidal ideation, which justified a civil commitment order for six months. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 26, 2024, Case #: 23-1209, Categories: Civil Rights, Health Care, Commitment
J. Gruender finds a lower court properly sentenced a defendant to 15 months in prison for obtaining marijuana following a previous conviction for selling crack cocaine. The defendant argued that he was entitled to obtain marijuana with his marijuana card. However, the defendant engaged in private distribution of the drug by sharing it with his girlfriend. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: February 26, 2024, Case #: 23-2421, Categories: Drug Offender, Probation, Sentencing
J. Loken finds a lower court properly denied a citizen of India's motion for religious and political asylum. The citizen of India argued that he would face persecution in his native land at the hands of a ruling party. However, the government sufficiently showed in court that he consistently requested further continuances based on the Covid-19 pandemic shut down, and failed to present new evidence to support his claims. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: February 23, 2024, Case #: 23-2289, Categories: Civil Rights, Government, Covid-19
J. Kobes finds a lower court properly sentenced a defendant to 292 months in prison after a jury convicted him for possession with intent to distribute meth. The defendant argued that he was entitled to an acquittal for lack of evidence on two drug convictions. However, the government sufficiently showed in court that he constructively possessed and distributed meth which was located in his apartment, and that he established dominion over the residence by paying utilities and a power bill in his name. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 23, 2024, Case #: 22-3573, Categories: Drug Offender, Evidence, Sentencing