Keil v. Doe (MLW No. 79603/Case Nos. 22-2694 & 22-2697 & 22-2698 & 22-2699 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Phillips, J.
Read More »Civil Rights: State and Federal Law Claims-Estate Claim-Dismissal of Case
Gardner v. Franklin (MLW No. 79565/Case No. 22-2316 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska, Gerrard, J.
Read More »Civil Rights: Child Abuse Investigation-Unconstitutional Policy or Custom-Qualified Immunity
Smith v. Hutchinson (MLW No. 79519/Case No. 21-2904 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Marshall, J.
Read More »Civil Rights: 1983-Prison Inmate-Failure to Protect from Attack
Plaintiff appealed the district court’s grant of summary judgment for defendants. Plaintiff was incarcerated in a municipal correctional facility when he was attacked twice by a fellow inmate who attempted to collect a debt owed by plaintiff’s cellmate. Plaintiff filed ...
Read More »Civil Rights: Seizure-Search Warrant-Official Capacity Claim
Where an appellant brought an action against deputies and a sheriff for unreasonable search and seizure after the defendants entered his property after a tip about a stolen vehicle, the deputies were entitled to qualified immunity since reasonable officers under ...
Tagged with: Official Capacity Claim Search Warrant Seizure
Read More »Civil Rights: Inmate Action-Sovereign Immunity
Where an Arkansas inmate challenged an adverse grant of summary judgment in a civil rights action, the inmate’s official capacity claims were barred by sovereign immunity, and he failed to state a claim against an individual defendant, so the judgment ...
Tagged with: Inmate Action Sovereign Immunity
Read More »Civil Rights: First Amendment-FLSA-Retaliation
Where appellant, a former canine officer, argued that a state prosecutor retaliated against him for seeking unpaid overtime compensation, there was no meaningful argument on his First Amendment claim, so the claim is waived, and the district court did not ...
Tagged with: First Amendment FLSA Retaliation
Read More »Civil Rights: Pretrial Detainee-Due Process Claim
Where an Arkansas inmate challenged an adverse grant of summary judgment on a due process claim arising out of delay from his first appearance as a pretrial detainee, under the totality of the circumstances the summary judgment was properly granted ...
Tagged with: Due Process Claim Pretrial Detainee
Read More »Civil Rights: Adverse Summary-Judgment Waiver
Where appellant challenged the adverse grant of summary judgment and adverse jury verdict in his civil rights action, the judgment was proper for the reasons stated by the district court, and the appellant waived review of the jury verdict by ...
Tagged with: Adverse Summary Judgment Waiver
Read More »Civil Rights: Inmate Action-Summary Judgment
Where a Missouri inmate challenged the denial of his motion for summary judgment, there was no error in the grant of summary judgment to the defendants, so the judgment is affirmed. Judgment is affirmed. Salley v. Corizon Health Services (MLW ...
Tagged with: Inmate Action summary judgment
Read More »Civil Rights: Inmate Action-Exhaustion of Remedies
Where an inmate from Arkansas challenged the dismissal of his civil rights action, the district court properly granted summary judgment to the defendants based on the inmate’s failure to exhaust his administrative remedies. Judgment is affirmed. Robertson v. Pace (MLW ...
Tagged with: Exhaustion Of Remedies Inmate Action
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