360 results for 'court:"8th Circuit"'.
[Consolidated.] J. Smith finds a lower court properly dismissed a defendant's motion to remain in the U.S. The defendant, who was arrested and convicted for possession of illegal drugs, argued that he was entitled to a deferral of removal under the Convention Against Torture Act, and then a bid for reconsideration after the board of immigration appeals denied his application for CAT. However, the government sufficiently showed in court that he was not entitled to relief based on lack of evidence that he would be tortured by a drug cartel and high ranking, corrupt officials in Mexico. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: May 3, 2024, Case #: 22-2474, Categories: Drug Offender, Evidence, Immigration
J. Grasz finds a lower court properly convicted a defendant for possession of cocaine with intent to distribute. The defendant, a wholesale cocaine dealer, argued that law enforcement was not entitled to obtain a tracking warrant for his vehicle and warrants for an apartment and a music studio. However, the government presented sufficient evidence in court that an informant sold drugs to the defendant's runner, who began cooperating with authorities, which resulted in the defendant making threats over Facebook, claiming he would get his hands on the trial witness list and send it to "unknown actors in Mexico." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 2, 2024, Case #: 23-2364, Categories: Drug Offender, Evidence, Threats
J. Loken finds a lower court partly granted two oil field project managers' motion for declaratory judgment concerning underpayment at the hands of a field services company. The oil field project managers argued that the field service company failed to properly compensate them. However, the field service company sufficiently showed in court that it overpaid them profits of upwards of $10,000. Reversed in part.
Court: 8th Circuit, Judge: Loken, Filed On: April 30, 2024, Case #: 22-3115, Categories: Employment, Contract
J. Erickson finds a lower court properly dismissed a case manager and a corrections employee's motion for qualified immunity concerning an inmate's Eighth Amendment claims. The case manager and the corrections employee argued that they did not act with deliberate indifference when they deprived him from obtaining toothpaste. However, the inmate sufficiently showed in court that he used his money from an inmate account to buy toothpaste, and suffered tooth decay as a result of not receiving it. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 24, 2024, Case #: 22-3617, Categories: Civil Rights, Constitution, Immunity
J. Stras finds a lower court properly charged a defendant with possession of a firearm while under the influence of drugs and for shooting his drug dealer. The defendant argued that his conviction should be tossed out based on his Second Amendment right to carry a firearm. However, the government sufficiently showed in court that his constitutional rights do not provide him relief based on his past drug use and history of violence. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: April 17, 2024, Case #: 23-1114, Categories: Drug Offender, Firearms, Assault
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[Consolidated]. J. Loken finds a lower court properly removed a Nigerian citizen back to Nigeria for defrauding insurance companies by setting up bogus car crashes in order to collect insurance payouts. The citizen of Nigeria, who pleaded guilty to mail fraud, argued that he was entitled to remain in the U.S. based on a letter submitted to the court by an attorney, even though the letter was supposed to be written by an actual law firm. However, the government sufficiently showed in court that he is removable based on his breach of the plea agreement. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: April 10, 2024, Case #: 22-3235, Categories: Evidence, Fraud, Immigration
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: Fraud, Insurance, Class Action
J. Stras finds a lower court properly ruled in favor of the National Labor Relations Board on bad faith claims against a meat processor. The meat processor argued that it properly negotiated with the union. However, the board sufficiently showed in court that the meat processor attempted to strong arm workers to support a collective bargaining agreement that may have been unreasonable. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: April 8, 2024, Case #: 23-1895, Categories: Employment, Labor / Unions
J. Erickson finds the lower court properly declined to suppress 66 pills, methamphetamine, and marijuana in defendant's trial for possession with intent to distribute a controlled substance. Defendant, who entered a conditional plea, contends the court improperly ruled that the search of his backpack had been voluntary, but evidence indicates that the mother of defendant's child was entitled to turn over the backpack, and that she consented to the search because her phone was inside. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 5, 2024, Case #: 23-2179, Categories: Drug Offender, Evidence, Search
J. Stras finds a lower court properly ruled in favor of a imprisoned transgender woman's Fourth Amendment claims against prison officials. The prison officials argued that corrections officers were entitled to place the detainee in a high security unit where guards confiscated her personal property as punishment for wearing pigtails and a homemade skirt, and then placed her in a "wrap" in a "rubber room" for an extended period of time. However, the transgender detainee sufficiently showed in court that the guards are not entitled to relief based on violations of her right to be free of unreasonable searches. Affirmed in part.
Court: 8th Circuit, Judge: Stras, Filed On: April 4, 2024, Case #: 22-2893, Categories: Civil Rights, Constitution
J. Benton finds a lower court properly denied a defendant's motion for a new trial. The defendant, who was charged on one count of attempted enticement of a minor, argued that he is entitled to relief for prosecutorial misconduct. However, the government sufficiently showed in court that the prosecutor's jury instructions did not violate his credibility for untrue facts. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: April 4, 2024, Case #: 23-2203, Categories: Evidence, Fair Trial, Child Victims
J. Erickson finds a lower court improperly calculated a defendant's restitution order after he pleaded guilty to wire fraud. The government argued that the amount of restitution imposed on the former bookkeeping employee was reasonable based on his theft of company checks and his attempt to double his income by stealing from his employer. However, the defendant sufficiently showed in court that he sold his shares in the company to offset the amount of the loss, which entitled him to a reduction by $50,000. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 3, 2024, Case #: 23-2173, Categories: Fraud, Restitution, Employment
J. Erickson finds a lower court properly dismissed a defendant's motion for recusal and reassignment for a new judge. The defendant, who pleaded guilty to transportation of child pornography, argued that the judge forged an inappropriate relationship with his victims. However, the government sufficiently showed in court that the judge's interactions with his child victims was "solely professional." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 2, 2024, Case #: 23-1828, Categories: Child Victims, Child Pornography
J. Kelly finds a lower court improperly granted police officers' motion for summary judgment concerning a civilian's civil rights claims. The police officers argued that they properly conducted a lawful investigative stop of the civilian, which resulted in his arrest for interference with official acts. However, the civilian presented sufficient evidence in court that the police officers did not have probable cause to pull him over and arrest him. Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: April 2, 2024, Case #: 22-2773, Categories: Civil Rights, Evidence, Police Misconduct
J. Grasz finds a lower court properly dismissed four high school students' equal protection and due process claims against a school district. The high school students argued that they were wrongfully expelled from school for participating in a "joke" by joining a student's online petition calling for the return of slavery. The school's disciplinary action was rationally connected to its purpose of maintaining order and was not racially motivated. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: April 2, 2024, Case #: 23-1119, Categories: Education, Due Process, Equal Protection
J. Kobes finds a lower court properly convicted a defendant for being a felon in possession of a firearm. The defendant argued that the lower court erred in denying his motion to suppress evidence of a rifle located in his vehicle under a towel after his girlfriend gave a police officer permission to search his car. However, the government sufficiently showed in court that the defendant's girlfriend was authorized to give consent after realizing that the police were not after her, and that the interactions were "cordial and polite." Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: April 1, 2024, Case #: 23-1505, Categories: Evidence, Firearms, Search
J. Kelly finds a lower court properly dismissed a mother's civil rights and deliberate indifference claims against a police department and a county detention center. The mother argued that corrections employees failed to prevent her son from hanging himself inside of a jail cell, which resulted in his death. However, the corrections center employees are protected by qualified immunity. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: March 29, 2024, Case #: 21-2459, Categories: Civil Rights, Immunity, Negligence
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence located in his vehicle during a traffic stop for equipment violations. The defendant argued that authorities improperly obtained a warrant to search his residence, which resulted in the discovery of cash, cocaine, and a loaded firearm. However, the government sufficiently showed in court that police officers were entitled to enter his home after he called an associate from his cell phone while sitting in the back of a patrol car and directed him to hide his drugs, which was captured on a dash cam. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: March 28, 2024, Case #: 23-1412, Categories: Drug Offender, Evidence, Firearms
J. Benton finds a lower court properly dismissed three Fannie Mae and Freddie Mac shareholders' claims that the Federal Housing Finance Agency and the Department of Treasury wrongfully eliminated a removal restriction under the Housing and Economic Recovery Act. The shareholders argued that the Treasury's liquidation preference diminishes their interest in the two finance systems companies. However, the treasury sufficiently showed in court that the shareholders failed to plead any harm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 28, 2024, Case #: 23-1051, Categories: Government, Housing, Banking / Lending
J. Wollman finds a lower court properly ordered a child to be returned to Honduras. The child's father argued that he was entitled to move the child to the U.S. to protect her from her abusive mother. However, the mother presented sufficient evidence in court that he was obligated to return her daughter under the Hague Convention on the Civil Aspects of International Child Abduction. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: March 25, 2024, Case #: 22-3048, Categories: Civil Rights, Family Law
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
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