38 results for 'judge:"Colloton"'.
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. Colloton finds a lower court properly dismissed a defendant's motion for a mistrial. The defendant, who is under indictment on on felony murder and arson in Native American land, argued that he was entitled to relief based on double jeopardy. However, the government sufficiently showed in court that he consented to a mistrial in the original proceedings. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: February 23, 2024, Case #: 23-2431, Categories: Murder, Double Jeopardy, Arson
J. Colloton finds a lower court properly sentenced a defendant to 280 months in prison for possession of a firearm and meth, which police discovered in a boot under the seat of his vehicle. The defendant argued that the lower court erred in admitting testimony concerning his arrest and a conviction in 2016. However, the government sufficiently showed in court that the evidence presented was relevant and that the defendant knowingly used a firearm to traffic drugs. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 29, 2024, Case #: 22-3424, Categories: Drug Offender, Evidence, Firearms
J. Colloton finds a lower court properly convicted a defendant for conspiracy to distribute meth. The defendant argued that his 300-month sentence is unreasonable. However, the government presented sufficient evidence in court that the defendant played a major role in a meth trafficking conspiracy alongside his co-conspirator, who testified in court that he accompanied her on out-of-town drug runs, trafficking at least 120 kilograms. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 26, 2024, Case #: 23-1542, Categories: Drug Offender, Evidence, Sentencing
J. Colloton finds a lower court properly denied a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he is entitled to a "special rule" that affords him to remain in the U.S. for being a former child who had been abused by a permanent resident parent. However, the government sufficiently showed in court that his criminal history, which includes making threats of violence, justifies removal. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 23, 2024, Case #: 20-1724, Categories: Civil Rights, Immigration
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J. Colloton finds a lower court properly dismissed a defendant's motion to vacate his sentence. The defendant argued that his 10 year prison sentence is unreasonable. However, the defendant engaged in a crime of violence when he shot and killed a civilian during an argument. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 10, 2024, Case #: 22-3452, Categories: Firearms, Sentencing, Manslaughter
J. Colloton finds a lower court properly dismissed a brewery's motion for summary judgment concerning Fair Labor Standard Act claims brought by a former employee. The brewery argued that it resolved the former employee's overtime claims in a private settlement. However, the court lacks jurisdiction based on mootness. Vacated.
Court: 8th Circuit, Judge: Colloton, Filed On: December 22, 2023, Case #: 22-3518, Categories: Employment, Jurisdiction, Labor
J. Colloton finds a lower court properly sentenced a defendant to 92 months in prison after he pleaded guilty to unlawful possession of a firearm as a felon. The defendant argued that the lower court miscalculated the length of his sentence. However, the government presented sufficient evidence in court that he has a prior kidnapping offense, qualifies as a violent crime. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: November 28, 2023, Case #: 23-1077, Categories: Firearms, Sentencing, Kidnapping
J. Colloton finds a lower court properly dismissed a group of protestors' excessive force claims against a group of police officers. The class of protestors, who gathered at the Backwater Bridge in Morton County, argued that they suffered injuries when law enforcement sprayed them with tear gas and rubber bullets when they tried to remove dump trucks parked on the bridge. However, the county presented sufficient evidence in court that the officers did not effect a seizure during the protest, but instead, a dispersal of a crowd. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: November 3, 2023, Case #: 22-1246, Categories: Civil Rights, Evidence
J. Colloton finds a lower court properly dismissed a mineral company's claims against the State of North Dakota. The mineral company argued that the State engaged in unlawful taking of its mineral rights without compensation, in violation of the Fifth Amendment. However, the State presented sufficient evidence in court that it acquired ownership in 1889 without taking. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 30, 2023, Case #: 22-2159, Categories: Constitution, Government, Property
J. Colloton finds a lower court properly remanded an estate representative's wrongful death claims to state court. The estate representative argued that a nursing home failed to prevent his decedent from contracting Covid-19 by failing to quarantine infected residents. However, the court lacks subject matter jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 28, 2023, Case #: 22-2757, Categories: Wrongful Death, Covid-19
J. Colloton finds a lower court properly dismissed a corrections officer's motion for summary judgment concerning claims for qualified immunity. The corrections officer argued that he was entitled to relief on a detainee's constitutional violations claims. However, the detainee presented sufficient evidence in court that the corrections officer sexually harassed him during a strip search by forcefully squeezing his penis, which resulted in the detainee undergoing medical care for his injury. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 25, 2023, Case #: 22-2640 , Categories: Civil Rights, Constitution, Immunity
J. Colloton finds a lower court improperly granted summary judgment in favor of a civilian who was injured after a City employee hit him with a vehicle. The civilian argued that the City's insurance policy covered up to $2 million in damages for injuries he suffered. However, the insurance company sufficiently showed in court that the policy limits for his recovery was $500,000. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 25, 2023, Case #: 22-2769, Categories: Insurance, Tort, Contract
J. Colloton finds a lower court properly imposed a monetary sanction on an attorney and his co- counsel for filing a duplicate lawsuits against a City. The attorney, who represents The Satanic Temple Inc., argued that the City violated its constitutional rights by refusing to allow it to erect a Satanic monument, even though it gave the green light to a Christian foundation to do so, in violation of its free speech. However, the City presented sufficient evidence in court that the temple is not entitled to add new claims in a second lawsuit, or reassert allegations late in the game. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 25, 2023, Case #: 22-2183, Categories: Civil Rights, Constitution, Sanctions
J. Colloton finds a lower court properly granted Land O' Lakes' motion for summary judgment concerning a commercial bag manufacture's contract claims. The bag manufacturer argued that Land O' Lakes breached a packaging materials supply contract by shopping around for new vendors. However, Land O' Lakes sufficiently showed in court that the commercial bag manufacturer used polypropylene materials manufactured in Vietnam, which were illegally dumped in the U.S. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 25, 2023, Case #: 22-3036, Categories: Environment, Contract
J. Colloton finds a lower court properly convicted a defendant for enticing a minor to engage in sexual activity. The defendant argued that his conviction should be tossed out for entrapment. However, the defendant responded to an alleged 14-year-old girl's online advertisement, which was actually an undercover detective, which does not constitute entrapment by inducement. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 23, 2023, Case #: 22-1248, Categories: Evidence, Sex Offender, Entrapment
J. Colloton finds a lower court properly sentenced a defendant to 180 months in prison for unlawful possession of a firearm. The defendant argued that the lower court erred in denying his motion to suppress evidence based on mistaken identity at the hands of police officers who stopped him in traffic. However, the government presented sufficient evidence in court that police officers were entitled to pull him over based on a description of his identity, which linked him as a participant in a shooting. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 11, 2023, Case #: 22-1912, Categories: Evidence, Firearms, Sentencing
J. Colloton finds a lower court properly sentenced a defendant to 60 months in prison after a jury convicted him for possessing a firearm as a felon. The defendant argued that his sentence is unreasonable and that he is entitled to exclude evidence concerning 911 phone calls placed by his girlfriend. However, the government presented sufficient evidence in court that his girlfriend was forced to place the call after the defendant threatened her with a gun in order to obtain a password to unlock a cell phone. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2604, Categories: Evidence, Firearms, Sentencing
J. Colloton finds a lower court properly granted summary judgment to a police officer on a civilian’s unreasonable seizure claims. The civilian argued that the police officer shot his dog in violation of his Fourth and 14th Amendment rights. However, the city’s board of police commissioners sufficiently showed the homeowner failed to restrain his growling, barking dog after it darted toward the police officer, who is entitled to qualified immunity for making a split decision to protect himself. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2815, Categories: Constitution, Tort, Immunity
J. Colloton finds a lower court properly convicted a defendant on charges of sex trafficking. The defendant, who booked sex work services online with random men, argued that he did not misrepresent the amount of money two young girls would amass after pocketing 80 percent of their revenues. However, the government presented sufficient evidence in court that he fraudulently induced them to participate in sex work by promising large profits, which he would use for legitimate purchases. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 9, 2023, Case #: 22-2602, Categories: Sentencing, Prostitution
[Consolidated]. J. Colloton finds a lower court properly sentenced four gang members on charges of racketeering, but erred in sentencing a fifth defendant of the Lowriders street gang. The government argued that the lower court properly sentenced all five "high- ranking" gang members, who are part of a "hierarchical structure," that sold cocaine and marijuana, unlawfully used firearms, and fought with rival gangs. However, the fifth defendant presented sufficient evidence in court that his involvement was to schedule weekly meetings, and may have not been involved the murder of a rival gang member because he was a "backseat passenger" at the time of the offense. Remanded in part.
Court: 8th Circuit, Judge: Colloton, Filed On: August 9, 2023, Case #: 22-1254, Categories: Drug Offender, Racketeering, Gangs
J. Colloton finds a lower court properly sentenced a defendant to 71 months in prison after he was convicted for RICO conspiracy. The defendant, a crack dealer, argued that his sentence is unreasonable. However, the government sufficiently showed in court that the defendant, who initially entered a county drug program to avoid prison, conspired to sell drugs on behalf of the Crips street gang, and is not entitled to a downward variance based on his ongoing criminal activities. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 2, 2023, Case #: 21-3654, Categories: Drug Offender, Sentencing, Gangs
[Consolidated]. J. Colloton finds a lower court properly sentenced a defendant for assaulting a person assisting a federal officer. The defendant, who awaited trial for possession of heroin, argued that his 375 month prison sentence is unreasonable. However, the defendant, who was placed in jail for various drug crimes, struck an officer in the back of the head, which resulted in a "concussion- like" injury, while he attempted to restrain a belligerent inmate in the television room. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 2, 2023, Case #: 22-2438, Categories: Drug Offender, Sentencing, Assault
J. Colloton finds a lower court properly denied a defendant's motion to suppress evidence that authorities located inside of his residence, after he pleaded guilty to unlawful possession of a firearm as a prohibited person. The defendant, who suffers from metal health challenges and exhibits signs of paranoid behavior, argued that the lower court erred in admitting evidence concerning a statement he made, "I may as well just blow myself up." However, the defendant called 911, disclosing he was a danger to himself and others, and led officers to a bathroom where he stored "Molotov cocktails, gasoline, bottles, and rags." Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 31, 2023, Case #: 22-3247, Categories: Evidence, Firearms
J. Colloton finds a lower court properly dismissed a group of food service manager's free speech claims against their union. The food service managers argued that the labor union deducted union dues from their pay without authorization. However, the union sufficiently showed in court that the service managers failed to state a claim. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 31, 2023, Case #: 21-3052, Categories: Employment, Labor / Unions
J. Colloton finds a lower court properly sentenced a defendant to 96 months in prison after he pleaded guilty to possession of a firearm a a previously convicted felon, but erred in its statement of reasons. The government argued that it complied with criminal procedures. However, the lower court failed to resolve the defendant's challenge to the presentence report concerning his membership in a gang. Remanded in part.
Court: 8th Circuit, Judge: Colloton, Filed On: July 26, 2023, Case #: 22-3275, Categories: Firearms, Sentencing, Gangs
J. Colloton finds a lower court improperly granted two civilians' motion for summary judgment concerning civil rights claims against two police officers. The civilians argued that the police officers violated their Fourth Amendment rights by entering their residence without a warrant. However, the government presented sufficient evidence in court that the police officers were forced to enter the apartment without a warrant by kicking the door down after receiving a call from a neighbor who heard thuds and screaming, which led them to believe that probable cause existed, and that a child who lived in the apartment may have been in danger. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 24, 2023, Case #: 22-2872, Categories: Civil Rights, Constitution, Immunity
J. Colloton finds that the district court properly sentenced defendant for firearms violations and resisting arrest. Jury instructions are "presumptively valid" and, in this case, resisting arrest had been separated into two offenses. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 21, 2023, Case #: 22-2308, Categories: Resisting Arrest, Jury Instructions
J. Colloton finds a lower court properly dismissed an energy company's motion to enjoin a preliminary injunction concerning its request to obtain right-of-way access onto Native American land for lack of jurisdiction. The energy company argued that the Bureau of Indian Affairs falsely promised to ban employees from smoking cigarettes on the work site and right-of-way land. However, the energy company failed to exhaust its remedies in tribal court before moving ahead in the federal arena. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 3, 2023, Case #: 22-202, Categories: Property, Native Americans, Injunction