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8th U.S. Circuit Court of Appeals

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Civil Rights: Inmate Action-Dismissal

Where an inmate challenged the dismissal of his civil rights complaint, the dismissal was proper, and the judgment is affirmed. Judgment is affirmed. Bolvin v. Hutchinson (MLW No. 74428/Case No. 19-1995 – 2 pages) (U.S. Court of Appeals, 8th Circuit, ...

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Civil Rights: Inmate Action-Deliberate Indifference-Exhaustion Requirements

Where an Arkansas inmate challenged the dismissal of his claim of deliberate indifference to his medical needs, the action was properly dismissed because the inmate failed to exhaust his administrative remedies. Judgment is affirmed. Boyd v. Rechcigl (MLW No. 74423/Case ...

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Civil Rights: Detention-Qualified Immunity

Where a man who brought civil rights claims against police after he was stopped, frisked and handcuffed after he watched an officer perform traffic stops, and the arresting police officer challenged the denial of qualified immunity, established law supports the ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Reasonableness of Force

Plaintiff appealed from the adverse grant of summary judgment to defendant. Plaintiff had filed a §1983 suit, alleging that defendant used excessive force against plaintiff, who was incarcerated and awaiting transfer to the Arkansas Department of Corrections. Where the force ...

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Civil Practice: Disability Discrimination-Failure to Exhaust

Where appellant challenged the dismissal of her disability-discrimination action, the dismissal was proper for failure to exhaust the administrative remedies. Judgment is affirmed. Thomas v. Ameren U.E. (MLW No. 74427/Case No. 18-3506 – 2 pages) (U.S. Court of Appeals, 8th ...

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Immigration: Removal Proceedings-Reconsideration-Timeliness

Petitioner, a citizen of The Gambia, petitioned for review of the denial of her motion to reconsider, reopen and terminate her removal proceedings Where petitioner’s motion was untimely and numerically barred and foreclosed by legal precedent, the Board of Immigration ...

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Immigration: Removal-Jurisdiction-Evidence of Eligibility for Cancellation of Removal

Petitioner, a citizen of Mexico, petitioned for review of an order that denied his motion to remand based on new evidence that allegedly established petitioner’s eligibility for cancellation of removal, and rejected petitioner’s argument that the agency lacked jurisdiction to ...

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Employment: Collective Bargaining Agreement-Early Retirement Benefits-Motion to Compel Arbitration

Plaintiff appealed the district court’s denial of plaintiff’s motion to compel arbitration of its grievances against defendant. Defendant previously had announced that it would close a manufacturing plant; after discussions, the parties signed a memorandum of understanding extending their collective ...

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Criminal Law: Possession of Heroin-Motion to Suppress-Probable Cause

Defendant appealed from the district court’s denial of his motion to suppress evidence of heroin seized from a rental car defendant had been driving that was stopped by police during a traffic stop. Where defendant had permission from his wife ...

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Criminal Law: Distribution of Child Pornography-Consecutive Sentence-Double Jeopardy

Defendant pleaded guilty to distributing child pornography. The district court imposed a sentence at the bottom of the guidelines range but ordered it to run consecutive to an earlier-imposed sentence following the revocation of defendant’s supervised release. On appeal, defendant ...

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