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Opinions

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

Consumer Law: Fair Debt Collection Practices Act-Missouri Merchandising Practices Act-Attorneys’ Fee Award

Plaintiff sued defendants for violations of the FDCPA and Missouri Merchandising Practices Act. The district court granted summary judgment to defendant and awarded him statutory damages and attorneys’ fees calculated under the lodestar approach. Defendants filed a late appeal, alleging ...

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Civil Rights: Inmate Action-Retaliation-Prison Disciplinary Proceeding

Where a former prisoner challenged the adverse grant of summary judgment on his claims of retaliation and due process violations stemming from a prison disciplinary proceeding, defendants may successfully defend a retaliatory-discipline claim by showing some evidence that the inmate ...

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Civil Practice: 42 U.S.C. §1983-State Court Custody Action-Younger Abstention Doctrine

Plaintiff appealed the dismissal of her §1983 action alleging violations of her constitutional rights in a pending state court custody action. Where the Younger abstention doctrine was applicable to preclude consideration of plaintiff’s federal constitutional claims arising from a pending ...

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

Plaintiff, an offender civilly committed to the Minnesota Sex Offender program, appealed from the dismissal of his §1983 action alleging violations of his constitutional rights stemming from the use of force. Where plaintiff failed to show that the use of ...

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Civil Rights: 42 U.S.C. §1983-Criminal Statute-Private Cause of Action

Plaintiff appealed from the dismissal of his action under 42 U.S.C. §1983. Where plaintiff did not have a private cause of action under the criminal statutes he cited and where his §1983 claims were previously dismissed for lack of subject ...

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Civil Practice: Post-Judgment Relief-Rule 60(b)

Where appellant challenged the denial of post-judgment relief, the district court did not abuse its discretion in denying his Rule 60(b) motion. Judgment is affirmed. U.S. v. Dotstry (MLW No. 74509/Case No. 19-2020 – 2 pages) (U.S. Court of Appeals, ...

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Civil Practice: Diversity-Dismissal

Where appellants challenged the dismissal of their amended complaint in a diversity action, the dismissal was proper for the reasons cited by the district court. Judgment is affirmed. Lindberg v. Dimon (MLW No. 74507/Case No. 19-1883 – 2 pages) (U.S. ...

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Civil Practice: Discovery-Surveillance Video

Where a defendant challenged an adverse verdict in her pro se civil action, the challenge to the rulings regarding a surveillance video tape produced during pretrial discovery was meritless, so the judgment is affirmed. Judgment is affirmed. Delima v. Walmart ...

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Bankruptcy: Exemption-“Retirement Funds”

Where a debtor argued that his interests in his ex-wife’s individual retirement account and 401(k) were exempt as “retirement funds,” the bankruptcy court properly disallowed the exemption because his interest had not been transferred to an account in his name, ...

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