Administrative Law

Social Security

Denial Of Benefits

Where a claimant appealed an order affirming the denial of disability insurance benefits, the administrative law judge did not err by finding some of the claimant’s impairments to be non-severe, and substantial evidence supported the adverse decision.

Judgment is affirmed.

Berke v. Saul (MLW No. 77001/Case No. 20-3615 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Northern District of Iowa.

https://ecf.ca8.uscourts.gov/opndir/21/07/203615U.pdf

Civil Practice

Class Action Fairness Act

Local Controversy Exception

Missouri Local Defendant

Where appellants challenged the district court’s decision to remand a removed action to state court under the local controversy exception to the Class Action Fairness Act of 2005 in a dispute arising from allegations of radioactive waste contamination, the court erred in remanding the case under the exception because the plaintiff failed to show that the conduct of the only Missouri citizen defendant formed a significant basis for the claims asserted in the complaint.

Judgment is reversed and remanded.

Kitchen v. Bridgeton Landfill, LLC (MLW No. 77002/Case No. 19-2071 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Missouri, Perry, J. (William Garland Beck, Kansas City, Missouri, argued for appellant; Peter Flint Daniel, Allyson Elisabeth Cunningham and Patricia L. Silva appeared on the brief) (Ryan A. Keane, St Louis, argued for appellee; Nathaniel R. Carroll, Anthony D. Gray, Barry J. Cooper Jr., Stuart H. Smith, Celeste Brustowicz and Victor T. Cobb appeared on the brief).

https://ecf.ca8.uscourts.gov/opndir/21/07/192072P.pdf

Intervenor Complaint

Standing

Where a party that intervened in a lawsuit against defendant in a dispute over the assignment of rights, the district court did not err in granting the defendant’s motion to dismiss because the intervenor failed to show that the assignment that he relied on to establish standing to sue was in effect.

Judgment is affirmed.

Stockton v. Eaglepicher Technologies, LLC (MLW No. 77009/Case No. 20-3034 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Western District of Missouri, Wimes, J. (Thomas Michael Ward, St Louis, argued for appellant; David R. Buchanan and Taylor L. Connolly appeared on the brief) (Cameron E. Grant, Kansas City, Missouri; argued for appellee; Brent N. Coverdale and Ajit J. Vaidya appeared on the brief).

https://ecf.ca8.uscourts.gov/opndir/21/07/203034P.pdf

Standing

Connection

Where in a dispute arising from appellant’s decision to charge fees for landowners’ lake access, appellant sought a declaratory judgment regarding its rights and obligations under a written agreement with the U.S. Army Corps of Engineers, the district court did not err in dismissing the action against the Corps for lack of standing because the appellant could not establish a connection between its injury and any conduct of the Corps.

Judgment is affirmed.

Agred Foundation v. U.S. Army Corps of Engineers (MLW No. 77006/Case No. 20-2102 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Western District of Arkansas, Hickey, J. (Karen Talbot Gean, Magnolia, Arkansas, argued for appellant) (Seth T. Creed, Fort Smith, Arkansas, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/202102P.pdf

Summary Judgment

Civil Rights Action

Where appellant challenged an adverse grant of summary judgment in a civil rights action, the judgment is affirmed for the reasons cited by the district court.

Judgment is affirmed.

Thompson v. Hinely (MLW No. 77025/Case No. 20-3438 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Arkansas.

https://ecf.ca8.uscourts.gov/opndir/21/07/203438U.pdf

Summary Judgment

Insurance Dispute

Where appellant challenged an adverse grant of summary judgment in an insurance coverage dispute, there was no basis for reversal.

Judgment is affirmed.

Anheuser Busch Employee Credit Union v. Travelers Property Casualty Company of America (MLW No. 77013/Case No. 20-1912 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri.

https://ecf.ca8.uscourts.gov/opndir/21/07/201912U.pdf

Civil Rights

Detainee Assault

Deliberate Indifference

Where appellant challenged the adverse grant of summary judgment in a civil rights action, the district court properly held that she did not establish that the defendants were deliberately indifferent in failing to protect her from assault by a fellow pretrial detainee.

Judgment is affirmed.

Sims v. Brown (MLW No. 77008/Case No. 20-2925 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas.

https://ecf.ca8.uscourts.gov/opndir/21/07/202925U.pdf

Excessive Force

Qualified Immunity

Where plaintiff, who was injured during an arrest for domestic violence, sued the arresting officers, the city and officials for claims that included excessive force and false testimony, any alleged delay on the part of the plaintiff in getting on his stomach in compliance with officers’ orders was a jury question, and the plaintiff showed a violation of his constitutional right to be free from excessive force, so the district court erred in granting qualified immunity to the officer involved, but the officers were entitled to summary judgment on the substantive due process claim and the city was entitled to summary judgment on the municipal liability claim, so the judgment is affirmed in part and reversed in part.

Judgment is affirmed in part; reversed in part.

McReynolds v. Schmidli (MLW No. 77027/Case No. 19-3772 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Western District of Missouri, Sachs, J. (Richard W. Johnson, Kansas City, Missouri, argued for appellant) (Kenneth Joseph Berra, Overland Park, Kansas, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/193772P.pdf

First Amendment

Retaliation

Where appellant challenged the dismissal of his civil rights action, claims for declaratory and injunctive relief were rendered moot when appellant was transferred, and the dismissal of a First Amendment retaliation claim is vacated and remanded for the district court to consider in the first instance.

Stanko v. Brewer (MLW No. 77024/Case No. 20-3150 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska.

https://ecf.ca8.uscourts.gov/opndir/21/07/203150U.pdf

Consumer Law

Fair Debt Collection

Foreclosure Sale

Loss Mitigation Assistance

Where a homeowner sued a mortgage company under the Fair Debt Collection Practices Act after the defendant allegedly engaged in misrepresentation and unfair conduct while processing his application for loss mitigation assistance and selling the home in a foreclosure sale, the alleged misrepresentations and unfair conduct were not made or carried out in connection with an attempt to collect a debt, so they did not state a claim under the act.

Judgment is affirmed.

Heinz v. Carrington Mortgage Services, LLC (MLW No. 77010/Case No. 19-3717 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Minnesota, Nelson, J. (Jonathan Lester Robert Drewes, Minneapolis, argued for appellant) (Emilie K. Edling, Portland, Oregon, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/193717P.pdf

Contracts

Company Expulsion

Assumption Agreement

Implied Contract

Where a member and part owner of a company, who was expelled for sending a sexually explicit message to a customer, challenged rulings against him in an action that included claims for breach of the assumption agreement and operating agreement, the jury had a legally sufficient basis to find that the defendant terminated the plaintiff for cause and he was not entitled to judgment as a matter of law on his claims for breach, and the judgment is affirmed because the plaintiff also did not show that the district court abused its discretion by admitting evidence that the plaintiff had previously sent similar texts as the prior bad acts evidence was relevant to issues of intent, knowledge and absent of mistake and was not more prejudicial than probative.

Judgment is affirmed.

White Communications, LLC v. Synergies3 Tec Services, LLC (MLW No. 76997/Case No. 20-1492 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J. (William Wesley Graham, Des Moines, Iowa, argued for appellant) (Haley Y. Hermanson, Des Moines, Iowa, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/201492P.pdf

Consent By Contract

Invoice Payments

Where appellant challenged the dismissal of its complaint in a breach-of-contract case, the payment of invoices did not constitute action and practices manifesting its consent to “optional reason” increases, which could be rejected according to the contract, and the district court erred in concluding that the allegations failed to state a breach of contract claim.

Judgment is affirmed.

Pietoso, Inc. v. Republic Services, Inc. (MLW No. 77016/Case No. 20-2950 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Missouri, White, J. (Michael C. Seamands, St. Louis, argued for appellant; Ryan A. Keane and Steven W. Duke appeared on the brief) (Barbara A. Smith, St. Louis, argued for appellee; Steven J. Alagna and Jeffrey S. Russell appeared on the brief).

https://ecf.ca8.uscourts.gov/opndir/21/07/202950P.pdf

Criminal Law

Gun Charge

Sufficiency Of Evidence

Drug Quantity

Where a defendant challenged convictions for conspiring to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime, the evidence was sufficient to support the conviction, and the district court did not err in calculating the amount of drugs attributable to the defendant for sentencing.

Judgment is affirmed.

U.S. v. Fong Vang (MLW No. 76998/Case No. 20-2005 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J. (Robert D. Richman, St. Louis Park, Minnesota, argued for appellant) (Margaret Anne Steindorf, Des Moines, Iowa, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/202005P.pdf

Certificate Of Innocence

Vacated Conviction

Where appellant challenged the denial of his petition for a certificate of innocence, the conduct underlying the vacated conviction constituted a violation of state law, so the judgment is affirmed.

Judgment is affirmed.

U.S. v. Brewer (MLW No. 77030/Case No. 21-1286 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Arkansas.

https://ecf.ca8.uscourts.gov/opndir/21/07/211286U.pdf

Commitment Order

Dangerousness

Burden Of Proof

Where a defendant challenged an order committing him to custody for mental health care based on a conclusion that he would be dangerous if released, the district court did not err in discounting the defendant’s independent expert’s evaluation, and the court did not shift the burden of proof, so the judgment is affirmed.

Judgment is affirmed.

U.S. v. Dalasta (MLW No. 77020/Case No. 20-2191 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Western District of Missouri, Harpool, J. (David Randolph Mercer, Springfield, argued for appellant) (Cynthia Jean Hyde, Springfield, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/202191P.pdf

Jurisdiction

“Sovereign Citizen”

Where a defendant argued that the district court lacked jurisdiction over him because of his sovereign citizen status, the court has jurisdiction over violations of federal law, so the judgment is affirmed.

Judgment is affirmed.

U.S. v. Cason (MLW No. 77021/Case No. 20-2470 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri.

https://ecf.ca8.uscourts.gov/opndir/21/07/202476U.pdf

Lesser-Included Offense

Assault

Waiver

Where a defendant appealed his conviction for simple assault, arguing that the district court erred by instructing the jury because simple assault is not a lesser-included offense of assault by strangulation, the defendant waived his challenge by assenting to the instruction as drafted and inviting the error.

Judgment is affirmed.

U.S. v. Stricker (MLW No. 77012/Case No. 20-1904 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of South Dakota, Lange, J. (Bryan Dean, Bismarck, North Dakota, argued for appellant) (Kevin Koliner, Sioux Falls, South Dakota, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/201904P.pdf

Search Warrant

Anonymous Search

Probable Cause

Where a defendant in a drug case challenged the denial of his motion to suppress, arguing that an affidavit used to secure a search warrant omitted critical facts about an anonymous source, the affidavit contained sufficient corroborating information to support a fair probability that evidence of a crime would be found at the defendant’s residence, and the warrant was supported by probable cause, and the officers did not need separate indicia of criminal activity to make the arrest.

Judgment is affirmed.

U.S. v. Evans (MLW No. 77018/Case No. 19-3780 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Eastern District of Missouri. (Shawn Alexander Goulet, Clayton, argued for appellant) (Anthony Box, St Louis, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/193780P.pdf

Search Warrant

Cell Tower Data

Where a defendant in a robbery case challenged the constitutionality of a search of cellular tower records, the affidavits accompanying the warrant applications described the robberies in detail and explained why there was a fair probability that the search of the data would identify the robber and establish probable cause to issue the warrants, so the judgment is affirmed.

Judgment is affirmed.

U.S. v. James (MLW No. 77011/Case No. 19-3789 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, District of Minnesota. (Aaron James Morrison, Minneapolis, argued for appellant) (Michael L. Cheever, Minneapolis, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/193789P.pdf

Sentencing

Appeal Waiver

Where a defendant challenged his sentence in a child sexual abuse case, the appeal waiver was unambiguous, enforceable and applicable, so the appeal is dismissed.

Appeal dismissed.

U.S. v. Azure (MLW No. 77014/Case No. 20-2319 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of North Dakota.

https://ecf.ca8.uscourts.gov/opndir/21/07/202319U.pdf

Sentencing

Compassionate Release

Where a defendant challenged the denial of her motion for compassionate release under the First Step Act, the denial is remanded to allow the district court to evaluate the defendant’s argument that the “30-day” provision of the act applied and to determine its authority to reduce her sentence.

Vacated; remanded.

U.S. v. Vangh (MLW No. 77029/Case No. 20-1901 – 6 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Minnesota.

https://ecf.ca8.uscourts.gov/opndir/21/07/201901U.pdf

Sentencing

Controlled Substance Offense

Where a defendant challenged his conviction and sentence for unlawfully possessing a firearm, the district court did not err in finding that the defendant had a prior controlled substance offense.

Judgment is affirmed.

U.S. v. Johnson (MLW No. 76999/Case No. 20-2072 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Northern District of Iowa.

https://ecf.ca8.uscourts.gov/opndir/21/07/202072U.pdf

Sentencing

Drug Quantity

Where a defendant argued that the district court miscalculated his sentencing guidelines range when it found him responsible for drugs that he had no connection with, the court clearly erred in relying on stipulations contained in the plea agreement to establish his responsibility for items found in the home and for additional quantities of drugs, so the calculation of the drugs attributable to defendant was erroneous, and the judgment is reversed.

Judgment is reversed and remanded.

U.S. v. Sarchett (MLW No. 77022/Case No. 20o-2517 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.) Appealed from U.S. District Court, Northern District of Iowa. (Jonathan Hammond, Cedar Rapids, Iowa, argued for appellant) (Patrick J. Reinert, Cedar Rapids, Iowa, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/202517P.pdf

Sentencing

First Step Act

Where a defendant challenged the denial of his sentence-reduction motion under the First Step Act, the district court adequately explained why it did not lower the sentence, and the court did not abuse its discretion.

Judgment is affirmed.

U.S. v. Harper (MLW No. 77028/Case No. 20-1811 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Arkansas.

https://ecf.ca8.uscourts.gov/opndir/21/07/201811U.pdf

Sentencing

Mootness

Where a defendant moved to vacate his sentence arguing that his counsel was ineffective for failing to seek a downward departure, the case was moot because the defendant was released from prison.

Appeal is dismissed.

Giese v. U.S. (MLW No. 77026/Case No. 19-3728 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota.

https://ecf.ca8.uscourts.gov/opndir/21/07/193728U.pdf

Sentencing

Supervised Release

Where a defendant challenged the sentence imposed after he violated the conditions of supervised release, the sentence was substantively reasonable, and the district court did not give significant weight to an improper factor, and the court did not abuse its discretion in imposing another supervised release term.

Judgment is affirmed.

U.S. v. Jackson (MLW No. 77015/Case No. 20-2495 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of North Dakota.

https://ecf.ca8.uscourts.gov/opndir/21/07/202495U.pdf

Sentencing

Vulnerable Victims

Where a defendant, who worked as a hospice nurse, stole opioids and pain medication from 14 patients, a two-level sentencing enhancement for an offense “involving a large number of vulnerable victims” was appropriate.

Judgment is affirmed.

U.S. v. Boll (MLW No. 77003/Case No. 20-1274 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Northern District of Iowa, Williams, J. (Heather Quick, Cedar Rapids, Iowa, argued for appellant) (Patrick J. Reinert, Cedar Rapids, Iowa, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/201274P.pdf

Sexual Abuse

Sufficiency Of Evidence

Prior Bad Acts

Where a defendant challenged his conviction for aggravated sexual abuse of a child, the evidence was sufficient to support the convictions, and there was no error in admitting evidence of prior bad acts including the defendant’s intoxication and violence since it provided a context for the allegations and an explanation for why the victims failed to report the abuse earlier, so the judgment is affirmed over the defendant’s remaining evidentiary challenges.

Judgment is affirmed.

U.S. v. Aungie (MLW No. 77017/Case No. 19-2846 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, District of South Dakota, Piersol, J. (Thomas James Von Wald, Sioux Falls, South Dakota, argued for appellant) (Jeffrey C. Clapper, Sioux Falls, South Dakota, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/192846P.pdf

Employer – Employee

Fraudulent Joinder

Retaliation

Hostile Environment

(1) Where a plaintiff in an employment discrimination action challenged the dismissal of his aiding and abetting claim against an individual defendant, the district court did not err because there was no colorable claim that the defendant retaliated or aided and abetted retaliation against the plaintiff, and the court also did not err in determining that the plaintiff did not administratively exhaust his constructive discharge claim.

(2) Where a plaintiff challenged the dismissal of his hostile environment claim, the plaintiff failed to establish age-related harassment sufficiently severe or pervasive to establish the existence of a hostile work environment.

Judgment is affirmed.

Henson v. Union Pacific Railroad Company (MLW No. 77004/Case No. 20-1966 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Western District of Missouri, Fenner, J. (Mark Alan Buchanan, Kansas City, Missouri, argued for appellant; Eric E. Vernon, C. Kevin Baldwin and Sylvia Alejandra Hernandez appeared on the brief) (Robert Lee Ortbals Jr., Creve Coeur, argued for appellee; R. Evan Jarrold appeared on the brief).

https://ecf.ca8.uscourts.gov/opndir/21/07/201966P.pdf

Overtime Compensation

FLSA

Constructive Knowledge

Where appellants, who brought an action under the Fair Labor Standards Act against their employer, challenged the adverse grant of summary judgment, the appellants failed to present evidence to support their claim that they worked overtime hours and that the employer had constructive knowledge of their claimed overtime hours.

Judgment is affirmed.

Rapp v. Network of Community Options, Inc. (MLW No. 77005/Case No. 20-2054 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Wilson, J. (Timothy A Steadman, Little Rock, Arkansas, argued for appellant) (Adam David Franks, Little Rock, Arkansas, argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/202054P.pdf

Immigration

Asylum

Political Opinion

Burden Of Proof

Where a petitioner from Guatemala sought review of the denial of his application for asylum and other relief, the record showed that the petitioner was attacked for performing unpaid civic duties and not for harboring a contrary political belief, so he did not meet the burden of proof required for asylum.

Petition denied.

Vasquez-Lopez v. Garland (MLW No. 77019/Case No. 20-2097 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review of an order of the Board of Immigration Appeals.

https://ecf.ca8.uscourts.gov/opndir/21/07/202097U.pdf

Asylum

Social Group

Where petitioners sought review of an order denying their applications for asylum, withholding of removal and protection under the Convention Against Torture, the denial of asylum relief was appropriate because the social group that the petitioners identified lacked particularity and social distinction.

Petition denied.

Ramos-Melendez v. Garland (MLW No. 77007/Case No. 20-2921 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for review of an order of the Board of Immigration Appeals.

https://ecf.ca8.uscourts.gov/opndir/21/07/202921U.pdf

Jurisdiction

Adjustment Of Status

Where a petitioner challenged the denial of discretionary adjustment of status relief, the district court correctly determined that it lacked jurisdiction to review the Board of Immigration Appeals’ discretionary denial.

Judgment is affirmed.

J.M.O. v. U.S. (MLW No. 77000/Case No. 20-2422 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Brasel, J. ) (Nicholas Ratkowski, St. Paul, Minnesota, argued for appellant) (William C. Bateman III, Washington, D.C., argued for appellee).

https://ecf.ca8.uscourts.gov/opndir/21/07/202422P.pdf

Removal

Credibility

Where a petitioner sought review of the denial of her relief from removal, substantial evidence supported the adverse credibility determination, so the petition is denied.

Petition denied.

Coto-Albarenga v. Garland (MLW No. 77023/Case No. 20-2539 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Petition for review of an order of the Board of Immigration Appeals. (Timothy E. Wichmer, St Louis, argued for petitioner; Steven Kenneth Wichmer appeared on the brief) (Micah Engler, Washington, D.C., argued for respondent; Kimberly A. Burdge appeared on the brief).

https://ecf.ca8.uscourts.gov/opndir/21/07/202539P.pdf