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

Great River Entertainment, LLC sought coverage from Zurich American Insurance for losses related to the COVID-19 pandemic. The district court granted Zurich’s motion to dismiss for failure to state a claim. Great River appealed and moved to remand because there was not complete diversity of citizenship.   The Eighth Circuit remanded to the district court to consider whether there is federal diversity jurisdiction. The court explained that it cannot proceed without subject matter jurisdiction. The court wrote that based on Great River’s new affidavit, it is unable to conclude that its members were diverse. While Great River’s carelessness has clearly wasted judicial resources, the court explained that it cannot address the merits before determining federal jurisdiction. This is a task better suited for the district court. The court wrote that on remand, the court may also take additional action it deems appropriate. View "Great River Entertainment, LLC v. Zurich American Insurance Co." on Justia Law

The City of Belle Plaine, Minnesota, designated Veterans Memorial Park as a limited public forum and granted permits to two groups to place monuments there. Before the Satanic Temple could place its monument, the City closed the Park as a limited public forum and terminated both permits. The Satanic Temple sued the City. The district court dismissed its claims, except for promissory estoppel. When the Satanic Temple moved to amend its complaint, a Magistrate Judg2denied its motion. The Satanic Temple filed a second suit, reasserting the dismissed claims and adding new ones. The district court held that res judicata bars the second suit and granted summary judgment to the City on the promissory estoppel claim from the first suit.   The Eighth Circuit affirmed. The court explained that the Satanic Temple failed to plausibly allege that closing the Park as a limited public forum was unreasonable or viewpoint discriminatory. The court further explained that the Satanic Temple asserted that the City violated its free exercise rights. The court explained that although the Enacting and Recession Resolutions were facially neutral, facial neutrality is not a safe harbor if the City’s actions targeted the Satanic Temple’s religious conduct. However, the Satanic Temple failed to plausibly claim that its display was targeted. Moreover, the Satanic Temple has not plausibly alleged that it and the Veterans Club were similarly situated or that it was treated differently. The City gave a permit to both groups, had no control over the fact that the Veterans Club placed its statue first, and closed the Park as a limited public forum to everyone. View "The Satanic Temple v. City of Belle Plaine" on Justia Law

Two organizations, one individual, one business (collectively “Private Plaintiffs”) and seventeen states (“the States”) sued the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) for overstepping its statutory authority and for violating federal law in promulgating the “Definition of ‘Frame or Receiver’ and Identification of Firearms” (“Final Rule”). Plaintiffs appealed the district court’s denial of a motion for a preliminary injunction.   The Eighth Circuit affirmed. The court explained that Plaintiffs have not clearly shown how the Final Rule will prevent them from engaging in constitutionally protected conduct. Regarding the business plaintiff in this case, we are left unsure what behavior it wishes to engage in, as an LLC, that is protected by the Second Amendment. Plaintiffs also argued they will suffer economic harm without a preliminary injunction. Plaintiffs asserted generally that compliance costs and uncertainty surrounding the validity and scope of the Final Rule will be costly to businesses and lead to fewer sales of firearms. However, Plaintiffs do not explain the economic harm in definite enough terms to show the extent of any harm is “actual and not theoretical.” The district court did not abuse its discretion in concluding Plaintiffs have not met their burden. View "Morehouse Enterprises, LLC v. Bureau of ATF" on Justia Law

After serving in the United States Navy, Plaintiff became eligible to receive education benefits under the G.I. Bill, which he used to pursue a bachelor’s degree. Plaintiff also sought tuition assistance from his employer, Omaha Public Power District (OPPD), under the company’s Employee Education Program, but OPPD denied Plaintiff’s request because his G.I. Bill benefits fully covered his tuition expenses. Plaintiff sued, claiming that OPPD’s denial of company-provided tuition assistance based on his receipt of G.I. Bill benefits amounted to unlawful discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The district court granted summary judgment in OPPD’s favor, and Plaintiff appealed.   The Eighth Circuit affirmed. The court explained that Plaintiff y has “failed to present sufficient evidence to make” the requisite “threshold showing” that his status as a military veteran was “a motivating factor” in OPPD’s decision to deny him EEP benefits. His discrimination claim under USERRA thus fails, and the district court properly granted summary judgment in OPPD’s favor. View "Andrew Kelly v. Omaha Public Power District" on Justia Law

Show Me State Premium Homes wants its purchase of a foreclosed property to be free and clear of all other interests, including those belonging to the United States. Getting what it wants would require a “judicial sale.” After removing the case the United States filed a motion to dismiss. Its position was that there could be no foreclosure without a judicial sale. The district court agreed, declined to exercise supplemental jurisdiction over what remained, and remanded to state court.   The Eighth Circuit affirmed the judgment of the district court but modified the dismissal of the ejectment and damages claims to be without prejudice. The court explained that a buyer’s interest is only “inchoate” before it gets a valid deed, not after. And here, title vested once the bond company “exercised its right to have the legal title transferred.” No “judicial sale” ever took place, and it is too late to hold one now, meaning that the interests held by the United States have never been foreclosed. View "Show Me State Premium Homes, LLC v. George McDonnell" on Justia Law

Respondent suffers from multiple mental disorders, including schizophrenia. In 2018, he was sentenced to 80 months imprisonment for being a felon in possession of a firearm and ammunition. He was due to be released on January 8, 2021. Prior to his release, the government filed a petition pursuant to 18 U.S.C. Section 4246, requesting that Respondent be committed to the custody of the Attorney General because, the government asserted, Respondent suffers from mental disorders that pose a significant danger to the public if he were released. The district court granted the government’s Section 4246 petition, of which Respondent appealed.   The Eighth Circuit affirmed. The court explained that Respondent’s main assertion, that “the evidence presented at the Section 4246 hearing failed to demonstrate . . . that he is ‘presently’ suffering from a mental disease which now poses a substantial risk of bodily injury to others,” is belied by his own testimony. For example, at the Section 4246 hearing, he testified that he started the CIA and that he has “to get violent with some of these people, dangerous people in the community,” in order to protect the community. This, in combination with the evidence that he actually acted upon his delusions when he attacked other inmates and a prison official, shows that he is suffering from a mental disease that now poses a substantial risk of bodily injury to others. The district court’s findings, to that effect, were not clearly erroneous. View "United States v. Erik Becerra" on Justia Law

In September 2018, the United States Department of the Interior, Bureau of Reclamation (“the Bureau”) decided to move forward with a water project in North Dakota. The State of Missouri challenged the decision under the Administrative Procedure Act (“APA”), 5 U.S.C. Sections 701–706, the National Environmental Policy Act (“NEPA”), 42 U.S.C. Sections 4321–4347, and the Water Supply Act of 1958 (“Water Supply Act”). The district court granted summary judgment in favor of the Defendants.   The Eighth Circuit affirmed. The court explained that the Water Supply Act itself. Simply put, Congressional approval is Congressional approval. If the Bureau and the other defendants had sufficient project-specific authorization, they need not seek additional approval again under the Water Supply Act. The court further concluded that Missouri has not met its burden to show the Bureau’s reliance on the Garrison Diversion Act was erroneous here. First, Missouri has not shown the Central North Dakota Project is outside the scope of the 1984 Garrison Diversion Final Report. Second, Missouri’s only argument that the Central North Dakota Project involves an out-of-basin transfer is to point to its connection with the Red River Valley Project’s main transmission pipeline. View "State of Missouri v. U.S. Department of Interior" on Justia Law

Plaintiffs’ son suffered serious injuries when a soccer goal tipped over at the Little Rock Air Force Base where Plaintiffs were stationed. Although he sued the Air Force for negligently failing to secure the goal to the ground and warn of the potential danger, the district court concluded that the Federal Tort Claims Act stood in the way.   The Eighth Circuit affirmed. The court explained that nothing about the soccer-goal-safety statute alters the “plain and unambiguous” language of the recreational-use statute. And the only way to conclude otherwise is to recognize a tort-based enforcement scheme for a statute without one—something the court cannot do.   Further, the court explained that Plaintiffs lived in on-base “military housing” when the accident occurred. Even assuming that living there made them tenants of the Air Force, Warfit Field is not part of “the base housing area.” Rather, it is a facility that they were “invited or permitted” to use because they are a military family. The court held that Plaintiffs cannot show that a private party in the Air Force’s shoes would have been liable for the injuries suffered by their son. As tragic as the circumstances of this case are, there has been no waiver of sovereign immunity. View "Andrew Hutchinson v. United States" on Justia Law

Plaintiffs sued the United States under the Federal Tort Claims Act (FTCA), alleging that the Standing Rock Sioux Tribe failed to warn motorists of unsafe road conditions. The district court held that it lacked subject matter jurisdiction.   The Eighth Circuit affirmed. The court explained that as a sovereign, the United States is immune from suit. It has waived immunity in some FTCA cases but expressly retains immunity in cases involving “a discretionary function or duty.” If the discretionary function exception applies, “it is a jurisdictional bar to suit.” The court wrote that Plaintiffs “have failed to rebut the presumption that the Tribe’scdecision not to post warning signs was grounded in policy.” Accordingly, the court concluded it lacks subject matter jurisdiction under the FTCA’s discretionary function exception. View "Jade Mound v. The United States of America" on Justia Law

Several current or former members of the North Dakota Legislative Assembly and a legislative aide petitioned for writ of mandamus, seeking relief from orders of the district court directing them to comply with subpoenas for documents or testimony in a civil case brought against the State of North Dakota.   The Eighth Circuit denied the writ and directed the district court to quash the subpoenas for petitioner Devlin to testify and for petitioners Holmberg, Wardner, Poolman, Nathe, Devlin, and Ness to produce documents and other information. The court concluded that the district court’s conclusion to the contrary was based on a mistaken conception of the legislative privilege. In its order enforcing the document subpoenas, the district court reasoned that legislative privilege did not apply because the subpoena sought communications between legislators and third parties. The legislative privilege, however, is not limited to a bar on the inquiry into communications among legislators or between legislators and their aides. The privilege is not designed merely to protect the confidentiality of deliberations within a legislative body; it protects the functioning of the legislature more broadly. Communications with constituents, advocacy groups, and others outside the legislature are a legitimate aspect of legislative activity. The use of compulsory evidentiary processes against legislators and their aides to gather evidence about this legislative activity is thus barred by the legislative privilege. View "In Re: North Dakota Legislative Assembly v." on Justia Law