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Opinions

Jul 19, 2023

Civil Rights: Pretrial Detainee-Inadequate Medical Care-Deliberate Indifference

Smith v. Lisenbe (MLW No. 80183/Case No. 22-2644 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Eastern District of Missouri, Bodenhausen, J. (Charles C. Eblen, of Kansas City, MO for appellant; Brandon K. Gutshall, of Kansas City, MO and Lindsey K. Heinz, of Kansas City, MO on the brief) (Michael G. Berry, of Jefferson City, MO for appellees)

Jul 19, 2023

Civil Rights: Failure to Investigate-Due Process/Equal Protection Violations-Standing

Pratt v. Helms (MLW No. 80184/Case No. 22-3002 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Western District of Missouri, Bough, J. (John V. Siskopoulos, of New York, NY for appellant) (David S. Baker, of Overland Park, KS for appellee)

Jul 19, 2023

Civil Rights: Excessive Force-Qualified Immunity-Loss of Immunity

Ching v. City of Minneapolis (MLW No. 80195/Case No. 22-3157 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, District of Minnesota, Schultz, J., and Menendez, J. (Tracey Nelson Fussy, of Minneapolis, MN for appellant; Sara J. Lathrop, of Minneapolis, MN and Mark S. Enslin, of Minneapolis, MN on the brief) (Benjamin Adam Gifford, of Brooklyn, NY fo[...]

Jul 13, 2023

Unemployment Compensation: Denial of Benefits-Voluntary Departure from Work

Maxwell v. Division of Employment Security (MLW No. 80177/Case No. WD85874 – 12 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from Labor and Industrial Relations Commission. (Shannon Maxwell, Little Rock, AR appellant pro se) (Ryan J. Gallagher, Ashland, for respondent)

Jul 13, 2023

Torts: Conversion-Punitive Damages

Lewis v. Lewis (MLW No. 80178/Case No. WD85395 – 11 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Lafayette County, Rolf, J. (Cynthia K. Wallace, Kansas City, for appellants) (Jason R. Kew, Blue Springs, for respondent)

Jul 13, 2023

Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel

Morris v. State (MLW No. 80176/Case No. SD37698 – 7 pages) (Missouri Court of Appeals, Southern District, Gooch, J.) Appealed from circuit court, Greene County, Cordonnier, J.

Jul 13, 2023

Appellate Practice: Motion to Dismiss-Failure to Provide Trial Record

Duvall v. Maxey (MLW No. 80170/Case No. ED111144 – 3 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from circuit court, Monroe County, Shaw, J. (David Duvall, appellant pro se) (Gwen Froeschner Hart and John W. Russell, for respondents)

Jul 13, 2023

Real Property: Right of Way-Tribal Land-Smoking Ban

WPX Energy Williston, LLC v. Jones (MLW No. 80143/Case Nos. 22-2020 & 22-2025 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of North Dakota, Hovland, J. (Timothy Q. Purdon, of Bismarck, ND for appellants; John Fredericks, II, of Mandan, ND; Timothy W. Billion, of Sioux Falls, SD; and Peter J. Breuer, of Stillwater, OK on the brief) [...]

Jul 13, 2023

Immigration: Withholding of Removal-Asylum-Cognizability of Social Groups

Uriostegui-Teran v. Garland (MLW No. 80155/Case No. 22-2472 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Steven Kenneth Wichmer, of Chesterfield, MO for petitioner) (Jaclyn Georgette Hagner, USDOJ, OIL, of Washington, D.C. for respondent)

Jul 13, 2023

Environmental: Water Supply Project-Water Supply Act-Administrative Procedure Act

State of Missouri ex rel. Bailey v. U.S. Department of Interior (MLW No. 80161/Case No. 21-3408 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Western District of Missouri, Laughrey, J. (Jeff P. Johnson, AAG, of Jefferson City, MO for appellant; Amber Lee Krisp, AAG, of Jefferson City, MO on the brief) (John Edward Bies, of Washington, D.C. and Ben[...]

Jul 13, 2023

Employer-Employee: Age/Race Discrimination-Failure to Promote-Collective Bargaining Agreement

Avina v. Union Pacific Railroad Co. (MLW No. 80144/Case No. 22-2376 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Western District of Missouri, Ketchmark, J. (Martin Mark Meyers, of Kansas City, MO for appellant; Dennis E. Egan, of Kansas City, MO and Cooper Scott Mach, of Kansas City, MO on the brief) (Andrew J. Rolfes, of Philadelphia, PA for app[...]

Jul 13, 2023

Criminal Law: Voluntary Manslaughter-Upward Departure-Substantive Reasonableness of Sentence

U.S. v. Garnier (MLW No. 80160/Case No. 22-2702 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Viken, J. 

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