Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

The Eighth Circuit affirmed the district court's dismissal of petitioner's claim seeking post-conviction relief as untimely. Petitioner asserted that, in light of Johnson v. United States, the district court violated his rights under the Due Process Clause by sentencing him as a career offender based on the residual clause of USSG 4B1.2(a)(2). The court explained that whether Johnson restarted the one-year limitations period turns on whether Johnson "newly recognized" this asserted right. In this case, petitioner's asserted right was not dictated by Johnson. Rather, the better view was that Beckles v. United States, 137 S. Ct. 886 (2017), leaves open the question of whether the mandatory guidelines are susceptible to vagueness challenges. The court held that, because the question remains open, and the answer was reasonably debatable, Johnson did not recognize the right asserted by petitioner. Therefore, petitioner could not benefit from the limitations period in 28 U.S.C. 2255(f)(3), and the district court correctly dismissed his motion as untimely. View "Russo v. United States" on Justia Law

The Eighth Circuit affirmed the district court's grant of summary judgment for Northern in an action alleging that the company failed to accommodate plaintiff's disability in violation of the Americans with Disabilities Act (ADA). The court held that plaintiff's arguments did not establish a genuine dispute of material fact that Northern did not interact in good faith as a matter of law. Under the circumstances, the timing of Northern's response was insufficient to support a finding that the company did not act in good faith; there was no evidence to support a finding that Northern prematurely abandoned the interactive process; and Northern did not attempt to demonstrate that some other boot would be as effective as a boot that conformed to the performance standards. View "Sharbono v. Northern States Power Co." on Justia Law

The Eighth Circuit held that the procedural element of the new substantive rule of constitutional law made retroactive in Montgomery v. Louisiana did not apply in this case and the district court did not err in denying successive habeas relief. The court held that petitioner's life sentence for conspiracy was based on conspiratorial conduct which extended well into his adult years and the sentence was imposed under an advisory guidelines regime that allowed the district court to consider his early participation as a juvenile, as well as other relevant mitigating factors. The court also held that petitioner's sentence of life plus 60 years did not violate the Eighth Amendment and the district court did not abuse its discretion in denying more comprehensive resentencing after it vacated his mandatory life sentence on one count under Miller v. Alabama and resentenced him. View "Wright v. United States" on Justia Law

The Eighth Circuit affirmed the district court's grant of summary judgment to defendants in a 42 U.S.C. 1983 action filed by plaintiffs and a nonprofit alleging that their arrests were without probable cause and violated the First Amendment, that the Arkansas disorderly conduct statute and a permit ordinance were unconstitutional, and that the County unconstitutionally detained plaintiffs. The court held that officers had probable cause to arrest plaintiffs for violating the Arkansas disorderly conduct statute based on their personal observations, as well as information provided to them; plaintiffs have standing to challenge the constitutionality of Arkansas's disorderly conduct statute, but the statute was not void for vagueness nor overbroad; plaintiffs did not have standing to challenge the constitutionality of Little Rock's Permit Ordinance, on its face and as applied, because they were not arrested or charged under the ordinance and they were not prohibited from protesting even though they had lacked a permit; and any delay in plaintiffs' release from jail did not violate their Fourth Amendment rights and was not unreasonable. View "Duhe v. City of Little Rock" on Justia Law

The Eighth Circuit affirmed the district court's denial of plaintiff's motion for appointed counsel and adverse grant of summary judgment on plaintiff's failure to protect claims against various corrections officials after he sustained injuries when a fellow inmate attacked him. The court held that the district court had the discretion to appoint plaintiff counsel on this record, and it did not abuse this discretion in declining to do so. The court also held that insofar as plaintiff alleged that defendants failed to protect him from a specific threat posed by the inmate, his own inability to anticipate the surprise attack and his decision not to report his altercation with the inmate the previous afternoon defeated liability. Finally, assuming that plaintiff satisfied the objective component of his failure-to-protect claim, the record was devoid of evidence suggesting that any of defendants were subjectively aware of, or deliberately indifferent to, a substantial risk of harm to inmate safety. View "Patterson v. Kelley" on Justia Law

Plaintiffs, both of whom are hearing-impaired, and their daughter filed suit against Fairview, alleging that the hospital failed to provide meaningful access to auxiliary aids and services in the form of American Sign Language (ASL) interpreters and a teletypewriter (TTY) during the course of plaintiffs' son's terminal hospital stay. The Eighth Circuit affirmed the district court's grant of Fairview's motion for summary judgment, holding that Fairview did not fail to discharge its duty to provide effective communication. In this case, the evidence showed that plaintiffs were provided access to information, through interpreters, before and during their son's final hospitalization and provided ample opportunities for plaintiffs to ask questions that may have clarified their understanding of their son's condition. Furthermore, the facts were sufficient to establish that Fairview provided plaintiff with the requested auxiliary aid and offered assistance, which was declined, in setting up the device. The court also held that the daughter did not qualify for associational standing and Fairview was entitled to summary judgment as to her claims. View "Durand v. Fairview Health Services" on Justia Law

The Eighth Circuit affirmed the district court's grant of summary judgment to the county and to two sheriffs in an action brought by plaintiff under 42 U.S.C. 1983, alleging the use of excessive force. In this case, plaintiff was stopped by law enforcement after he stole items from a local Walmart. Plaintiff was kicked by one of the officers without provocation and that officer resigned and was terminated the next day. That officer subsequently pleaded guilty to criminal charges.The court held that plaintiff failed to prove the existence of an unconstitutional custom or policy; failed to show causation assuming there was such a custom or policy; and thus could not establish municipal liability. Therefore, the district court properly granted summary judgment for the sheriffs in their official capacities. The court rejected plaintiff's failure to train claim and held that one of the sheriffs was entitled to qualified immunity. Finally, the district court did not abuse its discretion in calculating attorneys' fees and costs. View "Brewington v. Keener" on Justia Law

Plaintiffs challenged the inscription of the national motto, "In God We Trust," on United States coins and currency. The Eighth Circuit affirmed the district court's grant of the Government's motion to dismiss based on failure to state a claim. The court joined its sister circuits and held that placing "In God We Trust" on U.S. coins and currency does not violate the Establishment Clause. In light of the Supreme Court's recent precedent in Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), the court held that the long tradition of placing "In God We Trust" on U.S. money comports with the original understanding of the Establishment Clause. The court also held that plaintiffs failed to state a claim under the Free Speech Clause because the Government's inscription did not compel plaintiffs to express any message. Furthermore, plaintiffs' First Amendment rights under the Free Exercise Clause and statutory rights under Religious Freedom Restoration Act were not violated. Finally, plaintiffs' equal protection claim failed because the statutes requiring the inscription did not create any express or implied classifications and was rationally related to the Government's legitimate goal of honoring religion's role in American life and in the protection of American fundamental rights. View "New Doe Child #1 v. United States" on Justia Law

Plaintiff and his minor son filed a 42 U.S.C. 1983 action against two officers for unreasonable search and seizure, as well as use of excessive force. The district court denied the officers' motion for summary judgment. The Eighth Circuit reversed as to the unreasonable search and seizure claim, holding that the officers were justified in making the stop because they had reasonable suspicion that a child molester could be driving or hiding in the truck; the pat-down did not violate plaintiff's Fourth Amendment rights; and the officers' search of the truck was reasonably related to the scope of the circumstances which justified the stop. The court affirmed as to the excessive use of force claim, holding that the officers' continuous drawing and pointing of weapons was unreasonable and constituted excessive force, and plaintiff and his son's right to be free from excessive force was clearly established at the time. View "Wilson v. Lamp" on Justia Law

The Eighth Circuit reversed the district court's dismissal of plaintiff's second amended complaint challenging the constitutionality of Missouri's method of execution as applied to him. The court held that plaintiff's allegations were sufficient to show a plausible allegation that the State's method of execution would cause him severe pain where the complaint and his expert's attached affidavit included factual allegations that a seizure will occur when the State injects pentobarbital and that such a seizure causes severe pain. Furthermore, plaintiff has alleged that execution by lethal gas was an alternative method of execution that was feasible, readily implemented, and would in fact significantly reduce a substantial risk of severe pain for plaintiff in his particular circumstances. Finally, the complaint was not barred by the statute of limitations. The panel remanded for further proceedings. View "Johnson v. Precythe" on Justia Law