27 results for 'judge:"Erickson"'.
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. 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. 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
[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
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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. 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. 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. 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. 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. Erickson finds a lower court improperly denied a defendant's motion to suppress evidence concerning charges of being a prohibited person in possession of a firearm. The government argued that the lower court properly applied the Leon good faith exception when calculating his 37 month prison sentence, and that he was not entitled to relief based on multiple burglaries of vacant buildings and locked construction containers, which he broke in using specific burglary tools. However, the defendant presented sufficient evidence in court that a warrant obtained by authorities failed to establish probable cause to search his home, and that it may have been based on "suspicion" of burglary and theft. Vacated.
Court: 8th Circuit, Judge: Erickson , Filed On: December 14, 2023, Case #: 22-3352, Categories: Burglary, Evidence, Theft
[Consolidated]. J. Erickson finds a lower court properly convicted a male Mexican national for conspiracy to commit money laundering and distributing meth, but may have erred in convicting a female Mexican national on the same charges. The government argued that the female Mexican national was in close proximity to meth while barricaded in a room, carried a knife in her purse, and attempted to flush drugs down a toilet, which resulted in a sentence of 180 months in prison. However, she presented sufficient evidence in court that she was inside the residence to cook, clean, and provide child care, and may be entitled to judgment of acquittal. Reversed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: September 6, 2023, Case #: 22-2914, Categories: Drug Offender, Sentencing, Money Laundering
J. Erickson finds a lower court properly granted summary judgment to an employer on a former employee's race discrimination claims. The former employee argued that she was treated poorly and eventually terminated from her role based on her Asian descent. However, the employer sufficiently showed in court that her termination was based on a "legitimate nondiscriminatory reason," and presented sufficient evidence that she was removed from a project for misconduct for discussing a co- worker's weight. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: August 22, 2023, Case #: 22-2592, Categories: Civil Rights, Employment, Employment Discrimination
J. Erickson finds that a lower court properly sentenced defendant on charges of first-degree murder and use of a firearm in a crime of violence that resulted in the death of his girlfriend, who was discovered face down in a pool of blood in his kitchen. Defendant argues that the murder of his girlfriend was carried out during the "heat of passion." However, the government presented sufficient evidence in court, beyond a reasonable doubt, that defendant planned the murder, purchased a firearm, and then shot and killed her for engaging with other men. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: August 17, 2023, Case #: 22-3447, Categories: Firearms, Intent, Murder
[Consolidated]. J. Erickson finds a lower court properly convicted a grandmother and a co- conspirator for kidnapping her minor grandchildren. The grandmother and her co- conspirator, who were indicted for kidnapping and aiding and abetting kidnapping, argued that they were entitled to remove grandchildren from her daughter's motel room. However, the government sufficiently showed in court that their actions established kidnapping once they crossed State lines, and that authorities properly detained them after an Amber Alert traffic stop, which revealed a car full of 10 firearms, scattered ammunition, and marijuana. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: August 16, 2023, Case #: 21-3524, Categories: Drug Offender, Conspiracy, Kidnapping
J. Erickson finds a lower court improperly ruled in favor of a female campus security officer who claimed deliberate indifference against a group of college board of trustees. The female campus security officer argued that the college board of trustees failed to timely investigate her allegations. However, the board of trustees presented sufficient evidence in court that it promptly initiated an investigation into the matter, which justifies an award of attorney's fees on its behalf. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: August 15, 2023, Case #: 22-1814, Categories: Evidence, Negligence, Attorney Fees
J. Erickson finds a lower court properly dismissed a Black female employee's race discrimination and FMLA claims against her former employer. The former employee argued that her former employer terminated her from the company based on her race and for requesting leave after she developed mental health issues. However, her employer sufficiently showed in court that she left the job early several times without permission, and then abandoned her job by failing to show up for three days without notice. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 28, 2023, Case #: 22-2298, Categories: Civil Rights, Employment, Employment Discrimination
[Consolidated] J. Erickson finds a lower court properly dismissed two defendants' motion to appeal their convictions for conspiracy to commit wire fraud. The first defendant argued that the lower court improperly admitted a redacted plea agreement in court that he had signed, and the second defendant asserted that the lower court failed to consider his religious beliefs, in violation his First Amendment rights. However, both defendants, who pretended to be "Godly and religious," took advantage of unknowing victims who relied on their promise to use their money to invest in a bogus wind generator plan called "Dragonfly," which resulted in a 97 month prison term for the first defendant, and a 180 and 120 month prison terms imposed against the second defendant, to run concurrently. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 28, 2023, Case #: 22-1586, Categories: Constitution, Fraud, Plea
J. Erickson finds a lower court properly convicted a defendant on two counts of conspiracy to distribute meth and fentanyl. The defendant argued that the lower court erred in admitting evidence stored inside of an eTalk flip phone. However, the government presented sufficient evidence in court that the activated burner phone belonged to the defendant, which was backed up by a photo of drugs, text messages, and a conversation about "blues," which is code for fentanyl. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 24, 2023, Case #: 22-3140, Categories: Drug Offender, Evidence
J. Erickson finds a lower court improperly ruled in favor of a police officer on a civilian's civil rights claims. The police officer argued that he was entitled to qualified immunity when he shot and killed the civilian's son. However, the police officer continued using excessive force after her son dropped his knife and fell to the ground. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 13, 2023, Case #: 22-3157, Categories: Civil Rights, Constitution
J. Erickson finds a lower court improperly denied a defendant's counsel's request to access a victim's mental health records. The defendant, who was convicted on three counts of aggravated sexual abuse of a child, argued that the lower court erred in refusing to allow his representation full access to her mental health records. However, the denial was not harmless based on a diagnoses of post-traumatic stress disorder following the assault, which was not completely made available to the defendant's counsel. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 13, 2023, Case #: 21-1090, Categories: Evidence, Assault, Child Victims
J. Erickson finds a lower court properly dismissed a property owner's due process claims against a County concerning its solid waste ordinance. The civilian argued that the ordinance did not apply to him, and that he was entitled to a monetary recovery after the County filed a criminal complaint, which resulted in jail time. However, the County sufficiently showed in court that it did not establish the ordinance in order to prosecute land owners as part of a "continuing, widespread, persistent pattern." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: June 29, 2023, Case #: 22-1499, Categories: Property, Due Process
J. Erickson finds a lower court properly dismissed an estate administrator's contract claims against an insurance company. The estate administrator argued that the insurance company is obligated to pay underinsured benefits to the estate after his son died in a charter bus crash in British Columbia. However, the insurance company sufficiently showed in court that British Columbia law determines the extent of recoverable damages based on personal jurisdiction over the driver and bus company. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: June 20, 2023, Case #: 22-3305, Categories: Insurance, Jurisdiction, Contract
J. Erickson finds the lower court properly found for Home Depot on a consumer's negligence claims, in which he says he suffered injuries when the store's automatic exit doors closed on him. Home Depot presents sufficient evidence the consumer failed to show the sliding doors were a dangerous condition.
Court: 8th Circuit, Judge: Erickson, Filed On: June 2, 2023, Case #: 22-2374, Categories: Evidence, Negligence
[Consolidated]. J. Erickson finds a lower court properly sentenced two defendants to 240 months in prison for Hobbs Act robbery, but improperly convicted them for commission of murder during a crime of violence. The government argued that the defendants were not entitled to a motion to suppress evidence based on their "rubber stamp" theory, and that the murder conviction should move ahead because the defendants shot and killed the homeowner, who maintained a "very impressive video surveillance system." However, the defendants presented sufficient evidence in court that their only intention was to knowingly possess firearms to forcibly to steal money and drugs from the residence. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: May 23, 2023, Case #: 21-2469, Categories: Evidence, Murder, Robbery
J. Erickson finds a lower court properly ruled in favor of the U.S. Department of Agriculture on a landowner's request to recertify a site as a wetland. The landowner argued that the department violated the Review Regulation and Swampbuster Act by denying his request. However, the Review Regulation does not conflict with the Swampbuster provision, and allows the Natural Resources Conservation Service to refuse meritless requests from farmers who may attempt to freely certify property as wetlands. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 12, 2023, Case #: 22-2729, Categories: Agriculture, Property
J. Erickson finds a lower court properly applied an increased base offense level to a defendant's sentence. The defendant, who was convicted for being a felon in possession of ammunition, argued that the enhancement is unreasonable. However, the defendant has prior convictions for aggravated assault and aggravated domestic abuse. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 8, 2023, Case #: 22-2254, Categories: Firearms, Assault, Domestic Violence