24 results for 'judge:"Stras"'.
J. Stras finds a lower court properly dismissed a prison guard's motion for qualified immunity for excessive force against an inmate. The prison guard, who serves in the A-Team group at the maximum security facility, argued that he was obligated to strike the prisoner in his leg and face for failing to comply during transfer. However, the inmate presented sufficient evidence in court that the prison guard violated his Eighth Amendment rights by accosting him while he was completely restrained. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: May 6, 2024, Case #: 23-1869, 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
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. 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. 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. 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. Stras finds a lower court properly convicted a defendant for witness tampering and for possessing a firearm as a felon. The defendant, who pistol-whipped his girlfriend and harassed her, argued that he is not a felon and that the lower court erred in denying his motion for acquittal. However, the government sufficiently showed in court that he was a felon in possession of a firearm and made several calls from jail to his girlfriend, warning her to lie during testimony. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: February 8, 2024, Case #: 23-1179, Categories: Evidence, Firearms, Witnesses
J. Stras finds a lower court partly improperly dismissed the Missouri Attorney General's Missouri's Foreign Sovereign Immunities Act claims against the People's Republic of China. The Chinese government argued that it is not responsible for the global spread of Covid-19. However, the attorney general presented sufficient evidence in court that the country "hoarded personal-protective equipment while the rest of the world was in the dark about the disease." Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: January 11, 2024, Case #: 22-2495, Categories: Government, Negligence, Covid-19
J. Stras finds a lower court improperly ruled in favor of a vegan lifestyle promoter on civil rights claims against a university. The vegan enthusiast argued that the university violated his First Amendment rights by forcing him to obtain permission from a school administrator to pass out pamphlets on veganism. However, the university officials presented sufficient evidence in court that its advance notice policy requirement for non- university publications does not constitute a prior restraint. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: November 21, 2023, Case #: 22-1826, Categories: Civil Rights, Constitution, Education
J. Stras finds a lower court properly dismissed the Arkansas State Conference NAACP and the Arkansas Public Policy Panel advocacy organizations' motion to challenge a new map established to forge 11 majority- Black districts in the state. The advocacy groups, who filed suit against the state's board of apportionment, argued that the new map violates the Voting Rights Act. However, the state's public policy panel provided sufficient evidence in court that the only party entitled to file suit is the U.S. Attorney, and not citizens groups. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: November 20, 2023, Case #: 22-1395, Categories: Civil Rights, Elections, Government
[Consolidated]. J. Stras finds a lower court improperly granted the Environmental Protection Agency's motion to place a ban on the use of chlorpyrifos on food crops. The protection agency argued that the use of chlorpyrifos as insecticides are harmful to humans. However, the EPA may have made a hasty decision under the pressure of the environmental groups and a narrow deadline, forcing it to act quickly to decide the "winners and losers." Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: November 2, 2023, Case #: 22-1422, Categories: Agriculture, Environment, Agency
J. Stras finds a lower court improperly denied three corrections officers' motion for qualified immunity. An estate administrator argued that corrections officers failed to attempt to resuscitate an inmate who had ingested fentanyl, which resulted in death by overdose. However, the corrections officers sufficiently showed in court that the lower court may have "tilted the scales too far" in the estate administrator's favor. Remanded.
Court: 8th Circuit, Judge: Stras, Filed On: October 19, 2023, Case #: 22-1843, Categories: Civil Rights, Immunity, Wrongful Death
[Consolidated]. J. Stras finds a lower court improperly estimated the amount of funds a defendant sank into three houses via fake deeds. The government argued that his 41 month sentence is reasonable based on his identity theft crimes and his participation in acquiring bogus notarized deeds along side his co-conspirator. However, the defendant sufficiently showed in court that the government erred in calculating his total offense, which would shaved off at least 20% of the length his sentence, and failed to apply the reasonable estimate of fair market value at the time he unloading properties to unknowing buyers. Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: October 11, 2023, Case #: 22-1106, Categories: Fraud, Identity Theft, Property
J. Stras finds a lower court improperly dismissed a department of corrections director's motion for qualified immunity. Department of corrections authorities argued that she failed to properly investigate sex assault claims against a prison guard. However, the director sufficiently showed in court that she exercised due diligence in investigation the claims. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: August 23, 2023, Case #: 21-3093, Categories: Employment, Immunity
J. Stras finds a lower court properly imposed owed restitution on a schemer who participated in a recruitment and kickback scam. The schemer, who acted as a liaison to a chiropractic clinic, argued that he was "never a runner." However, the government presented sufficient evidence in court that the Twin Cities chiropractic clinic recruited him to bring in car accident victims beginning in 2013, in order to defraud automobile insurers. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: August 23, 2023, Case #: 22-1275, Categories: Fraud, Insurance, Damages
J. Stras finds a lower court properly denied a disgraced reality television personality's motion for a new trial concerning two counts of possession of child pornography. The former television personality argued that he was entitled to a motion to suppress "incriminating statements" he made to law enforcement, in violation of his Miranda rights. However, the government presented sufficient evidence in court that he made incriminating statements about downloading child pornography outside of a formal interrogation, and that a reasonable person would have "believed he was in custody at the time the statements were made to police." Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: August 7, 2023, Case #: 22-2178, Categories: Evidence, Child Victims, Child Pornography
J. Stras finds a lower court improperly denied a class of consumers' motion to remand antitrust and unjust enrichment claims back to state court. The class argued that a dog food manufacturer falsely labeled its expensive product as a "prescription." However, state court is the proper venue based on lack of federal jurisdiction. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: July 31, 2023, Case #: 22-1796, Categories: Consumer Law, Jurisdiction, Class Action
J. Stras finds a lower court properly sentenced a defendant to 63 months in prison for possession of a firearm as a felon. The defendant argued that his prior conviction for intentional bodily injury, which added 13 to 16 months to his prison stint, does not qualify as a prior crime. However, his previous offense involved "willful injury," which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: July 10, 2023, Case #: 22-1675, Categories: Firearms, Sentencing
J. Stras finds a lower court properly dismissed three destructive device counts against a defendant who faces 13 federal charges of destroying police property by "fire or an explosive." The government argued that arson is a crime of violence. However, the defendant sufficiently showed in court that arson is not a crime of violence because it does not constitute physical force against a person. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: July 6, 2023, Case #: 22-3168, Categories: Arson, Property Crimes
J. Stras finds a lower court properly dismissed a railroad employee's race discrimination claims against Union Pacific. The railroad employee argued that she was passed over for a promotion two times because she is Hispanic and over 40- years- old. However, the railroad company presented sufficient evidence in court that her faxed resume was not a job application, and that the proper avenue to apply for an internal job would have been over a workforce management tool. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: July 3, 2023, Case #: 22-2376, Categories: Civil Rights, Employment, Employment Discrimination
J. Stras finds a lower court properly dismissed a father's negligence claims against an air force base. The father argued that air force base created a dangerous situation by haphazardly securing a goal to the ground. However, the father's claims are barred by the Federal Tort Claims Act. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 29, 2023, Case #: 22-2126, Categories: Tort, Negligence
J. Stras finds a lower court properly enhanced a defendant's prison sentence for directing a third party to use violence against a co- conspirator who sold his drugs on the outside, and then kept some of the profits. The defendant, who pleaded guilty to conspiracy to distribute 50 grams or more of meth, argued that the lower court erred in enhancing his prison term. However, the government sufficiently presented evidence in court that the defendant directed drug deals from prison, which included his co-conspirator depositing money in another inmate's prison account, and then directed a third party to shake down the co-conspirator after he failed to make good his drug debts. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 28, 2023, Case #: 21-3763, Categories: Drug Offender, Sentencing, Conspiracy
J. Stras finds a lower court properly ruled that a judge in Missouri exceeded authority when he escorted two minor children to a jail cell two separate times, forced them to remove their clothing and shoes, and then came back later to let them go, after they acted inappropriately in a courthouse. The judge argued that he was entitled to judicial immunity, even though his actions may have been inappropriate, and that he was obligated to issue a pick up order when the mother and children failed to appear in court. However, the judge was not entitled to judicial immunity for the acts against the children, but properly exercised jurisdiction to impose a pick up order when all three failed to show up to court. Reversed in part.
Court: 8th Circuit, Judge: Stras, Filed On: June 21, 2023, Case #: 21-3903, Categories: Family Law, Immunity, Jurisdiction
J. Stras finds a lower court properly sentenced a defendant to 108 months in prison for possessing a firearm as a felon. The defendant argued that the lower court erred in applying a four-level enhancement to his sentence. However, police officers dragged the defendant out of a car he was hiding in, and then discovered a Taurus 9- millimeter pistol underneath the passenger seat, which he previously brandished in a Snapchat video. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 8, 2023, Case #: 22-1350, Categories: Evidence, Firearms, Sentencing