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

Powell contends that his Christian beliefs compel him to publicly share his faith with others. Powell went to the Iowa State Fairgrounds and positioned himself on a sidewalk outside the paid admission area, close to a heavily-traveled intersection near the fair’s main gate. Uniformed Iowa State Fair Patrol Officers told him to leave the fairgrounds. The next day, Powell returned to the fairgrounds and stood in front of public restrooms outside the paid admission area. Fair Patrol Officers told him to leave. Powell brought a civil rights action under 42 U.S.C. 1983 and 1988 and sought a preliminary injunction, which the district court granted in part, prohibiting defendants from “arresting or threatening to arrest [Powell] solely for engaging in protected speech on the Fairgrounds in locations where [appellees] have already conceded that he is not impeding or would not be likely to impede the flow of traffic.” The Eighth Circuit affirmed denial of Powell’s motion based on his First Amendment claim and remanded the case for consideration of Powell’s request for preliminary injunctive relief based on his due process claim. View "Powell v. Noble" on Justia Law

Under the Telecommunications Act of 1996, local exchange carriers such as Windstream must connect calls made to their customers by the customers of national telecommunications companies such as Sprint. Until 2009, Sprint paid Windstream state access charges for connecting non-nomadic intrastate long-distance VoIP calls-- made by cable telephone customers over the Internet in Iowa, delivered to Sprint for format conversion, and transferred to Windstream for delivery to its Iowa telephone customers. Beginning in 2009, Sprint withheld state access charges for these calls, claiming that VoIP calls were “information services” and that payment should be governed by a reciprocal compensation agreement, not by state access charges. In 2011, the Iowa Utilities Board found that the calls were telecommunications services subject to state regulation, not information services. Sprint sought state court review and filed a federal action, seeking to enjoin the Board’s decision. The district court abstained because of the parallel state proceedings. The Eighth Circuit affirmed, but the Supreme Court reversed. By the time the case returned to the district court, the state court had upheld the Board’s decision. The district court dismissed Sprint’s complaint, holding that issue preclusion barred Sprint from raising the same arguments in federal court. The Eighth Circuit reversed, reasoning that Congress did not intend that issue-preclusion principles bar federal-court review of the issue of whether the non-nomadic intrastate long-distance VoIP calls at issue are information services, payment for which should be governed by a reciprocal compensation agreement, or telecommunications services subject to state access charges. View "Sprint Commc'ns Co. v. Jacobs" on Justia Law

Asphalt hired a company that, from 2005-2008, sent about 44,000 fax advertisements to potential customers. FS, which received some of the faxes, filed a class-action, alleging violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, seeking statutory damages of $500 for each fax. Asphalt notified Western, its insurer during the time when roughly 33,000 faxes were sent. The policies contained a deductible of $1,000 “per claim” for property damage, personal, and advertising injury, applicable to “all damages sustained by one person or organization as the result of any one claim” and to “legal expenses incurred in the handling and investigation of each claim.” Western hired a law firm to represent Asphalt, but did not refer to a reservation of rights. The firm handled the defense for four years. Western sent another letter, stating that Western intended to defend subject to a reservation of rights. Western sought a declaration that it owed no duty to defend or to indemnify. The district court determined that FS lacked standing to bring counterclaims and that Western had a duty to defend, having waived its defenses by waiting four years to issue a reservation-of-rights letter. The Eighth Circuit affirmed, holding that Western did not waive the $1,000 deductible, which applies separately to each fax, so that there is also no duty to indemnify. View "W. Heritage Ins. Co. v. Fun Servs. of Kan. City" on Justia Law

After the Fire District suspended Anzaldua, a paramedic and firefighter, for failing to respond to a directive issued by Chief Farwell, Anzaldua emailed a newspaper reporter expressing concerns about the District and about Farwell. The email “shocked” and “angered” his co-workers. Battalion chiefs noted it “fostered division between Anzaldua and his co-workers," and between firefighters and Farwell. The District terminated Anzaldua, who sued, alleging that the District and the individuals involved in his termination violated his First Amendment rights by retaliation and that Farwell and Anzaldua’s ex-girlfriend violated federal and state computer privacy laws by accessing his email account and obtaining his emails. The district court allowed some First Amendment claims to proceed but dismissed all other claims and denied leave to amend the computer privacy law claims. The court granted defendants summary judgment on Anzaldua’s First Amendment claims, citing qualified immunity. The Eighth Circuit affirmed summary judgment on Anzaldua’s First Amendment claims and denial of leave to amend federal computer privacy law claims, but reversed denial of leave to amend state computer privacy law claims. View "Anzaldua v. Northeast Ambulance & Fire" on Justia Law

In 2012 the Golans received two unsolicited, prerecorded messages on their home phone line. Each message, recorded by Mike Huckabee, stated: "Liberty. This is a public survey call. We may call back later." The Golans had not answered the phone; more than one million people did and received a much longer message. The Golans filed a putative class action, alleging that the phone calls were part of a telemarketing campaign to promote the film, Last Ounce of Courage, in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, and the Missouri Do Not Call Law. The district court dismissed with prejudice, concluding that the Golans did not have standing and were inadequate class representatives, being subject to a "unique defense" because they had heard only the brief message recording on their answering machine. The Eighth Circuit reversed and remanded. The calls were initiated and transmitted in order to promote Last Ounce of Courage and qualified as "telemarketing" even though the messages never referenced the film. Because the purpose of the calls was the critical issue, the Golans were not subject to a unique defense. Nor did they suffer a different injury than class members who heard the entire message. View "Golan v. Veritas Entm't, LLC" on Justia Law

Smith sought a conditional use permit (CUP) to build a 300-foot-tall cellular tower on a Washington County site zoned "Agriculture/Single-Family Residential." There are homes within one-quarter of a mile of the site. The Zoning Code authorizes a CUP upon findings: That the proposed use is compatible with the surrounding area; will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; and will not be injurious to use and enjoyment of other property in the area for purposes already permitted, nor substantially diminish and impair property values within the area. The Planning Board approved the application. Neighbors appealed to the Quorum Court with arguments focused on "safety," "property values," the tower's "fit" with the area, proximity to their homes, and having purchased their homes specifically because of the surrounding scenery and views. Hearing participants discussed cellular phone reception; potential safety issues, particularly in inclement weather; proximity to residences; and impact on nearby residents' views and property values. The application was rejected. The district court and Eighth Circuit affirmed, rejecting arguments that Washington County failed to provide a legally adequate explanation of its reasons for denial and that the denial was not based on substantial evidence in violation of the Telecommunications Act, 47 U.S.C. 332(c)(7)(B). View "Smith Commc'ns, LLC v. Washington Cnty." on Justia Law

Prisoners on death row filed suit, challenging Missouri's execution protocol as violating the federal Controlled Substances Act and the Food, Drug and Cosmetic Act, and based on Eighth Amendment due process, ex post facto, and other claims. The district court sealed certain documents or docket entries, making them inaccessible to the public. There was no indication in the record why the entries were sealed, nor any explanation of what types of documents were sealed. Publisher Larry Flynt filed motions to intervene in both cases, under Federal Rule 24(b), and moved to unseal the records and entries. No party opposed Flynt's motions to intervene. One case had already been dismissed. In his motions, Flynt stated he had an interest in the sealed records as a publisher and as an advocate against the death penalty. Flynt claimed a heightened interest because Franklin, who had confessed to shooting Flynt, was a Missouri death row inmate and a plaintiff in both cases. Franklin was executed in November 2013; on that same day the district court denied Flynt's motion to intervene in one case as moot, and in the other, stating that "generalized interest" does not justify intervention. The Eighth Circuit reversed; for reasons of judicial efficiency, Rule 24(b) intervention is often preferable to filing a separate action. View "Flynt v. Lombardi" on Justia Law

Protestors, including those concerned with sexual abuse by clergy and those advocating the Catholic ordination of women and acceptance of gay, lesbian, and transgender people, raised a facial First Amendment challenge to Missouri's 2012 House of Worship Protection Act" Mo. Rev. Stat. 574.035, which prohibits intentionally disturbing a "house of worship by using profane discourse, rude or indecent behavior . . . either within the house of worship or so near it as to disturb the order and solemnity of the worship services." The district court upheld the Act. The Eighth Circuit reversed, noting that there was no evidence of actual disturbances to houses of worship or that protesters interfered with churchgoers' entry or exit. The Act draws content based distinctions on the type of expression permitted near a house of worship, forbidding profane discourse and rude or indecent behavior which would disturb the order and solemnity of worship services and runs "a substantial risk of suppressing ideas in the process." It impermissibly requires enforcement authorities to look to the content of the message and cannot survive strict scrutiny since its content-based distinctions are not necessary to achieve an asserted interest in protecting the free exercise of religion. View "Survivors Network v. Joyce" on Justia Law

Desloge has a population of 5,054; 97.4% are white. The Ku Klux Klan regularly distributes leaflets on streets and sidewalks, wearing robes and hoods. Imperial Wizard Ancona contacted city officials about plans to distribute leaflets in 2012 and learned that an ordinance prohibited "solicitation activities" on public streets. The district court issued an injunction, concluding that the ordinance was not narrowly tailored to serve a significant governmental interest. In 2013 Ancona and the Klan returned to distribute leaflets concerning gun rights. They stood along a sidewalk at a four way stop, holding up leaflets. If a vehicle’s occupant signaled for a leaflet, a Klan member would step into the street to supply one. A police officer told them about a 2013 traffic ordinance , which prohibited "stand[ing] in or enter[ing] upon a roadway for the purpose of soliciting rides, employment, business or charitable contributions from, or distribut[ing] anything to, the occupant of any vehicle." The Klan left. While litigation was pending, the city amended the ordinance, adding a preamble and defining terms to explain that it sought to address "public safety concerns," distracted drivers, and resulting collisions. "Roadway" was defined as the entire road, from one curb or pavement edge to another, including parking lanes. The district court granted an injunction, concluding that some provisions were not narrowly tailored. The Eighth Circuit reversed. There was no evidence that the ordinance was created to curtail the Klan's message or its speech in Desloge; it is not impermissibly underinclusive. View "Traditionalist Am. Knights of the Ku Klux Klan v. City of Desloge" on Justia Law

Viaero sought to construct a telecommunications tower in the City. After the City Council voted to deny Viaero's application for a permit to build the tower, Viaero filed suit for violation of the Telecommunications Act of 1996 (TCA), 47 U.S.C. 332. The court affirmed the district court's upholding of the City's decision where the City Council's denial of was "in writing" by being memorialized in a final resolution and "supported by substantial evidence."View "NE Colorado Cellular v. City of North Platte" on Justia Law