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

The Eighth Circuit affirmed the district court's denial of petitioner's motion for post-conviction relief under 28 U.S.C. 2255. The court concluded that trial counsel's failure to object to a sentencing enhancement, based on an Eighth Circuit decision that controlled the issue at the time of sentencing but was later overruled by the court en banc, United States v. Swopes, 886 F.3d 668 (8th Cir. 2018), does not satisfy the "prejudice" element of an ineffective assistance of counsel claim under Strickland v. Washington, 466 U.S. 668 (1984). View "Collins v. United States" on Justia Law

After a jury found plaintiff not guilty of a drug trafficking offense, he filed a civil rights action against two police officers alleging they conspired to include false statements in an affidavit of probable cause executed shortly after his arrest.The Eighth Circuit affirmed the district court's grant of the motion to dismiss based on qualified immunity where the affidavit provided arguable probable cause for plaintiff's arrest even without the allegedly false statements at issue. The court concluded that the uncontested portions of the affidavit show officers knew at the time that plaintiff repeatedly had been with the targets of their investigation close in time to cocaine sales. Viewed in totality through the lens of common sense, the court stated that the affidavit with the alleged falsehoods removed still supports probable cause. The court affirmed the dismissal of all plaintiff's claims as they are derivative of the probable cause argument. View "Allen v. Monico" on Justia Law

Plaintiff filed suit against Morton County and North Dakota state officials under 42 U.S.C. 1983, alleging that a violation of his First, Fourth, and Fourteenth Amendment rights related to an incident where law enforcement officials shot plaintiff with lead-filled bean bags while he was protesting.The Eighth Circuit concluded that, although plaintiff's First Amendment retaliation claims are not Heck barred, they are subject to dismissal under Federal Rule of Civil Procedure 12(b)(6) on the merits. In this case, the nonconclusory allegations in the complaint do not give rise to a plausible inference that the officers who allegedly shot and arrested plaintiff acted out of retaliatory animus. However, the court concluded that the district court erred in dismissing the excessive force claims against the officers who shot plaintiff under the Fourth Amendment, as the complaint asserted use of more than de minimus force when plaintiff did not threaten anyone, flee, or resist arrest and the law was clearly established. The court stated that, if the allegations in his complaint are true, then Morton County law enforcement engaged in a persistent pattern of excessive force against peaceful protestors that was tacitly authorized by Sheriff Kirchmeier and that led to plaintiff's injury. Furthermore, Sergeant Kennelly is liable for the violation of plaintiff's Fourth Amendment rights because he failed to intervene. Finally, plaintiff's equal protection claims were properly dismissed where he failed to allege facts showing that otherwise similarly situated non-Native Americans were treated more favorably than he was. Accordingly, the court affirmed in part and reversed in part, remanding for further proceedings. View "Mitchell v. Kirchmeier" on Justia Law

The Eighth Circuit affirmed the district court's denial of the landlords' motion for a preliminary injunction in an action challenging the Minneapolis City Council's enactment of Ordinance No. 244.2030 under the Fifth Amendment's Takings Clause and the Fourteenth Amendment's Due Process Clause (and similar provisions of the Minnesota Constitution). The Ordinance requires landlords to evaluate applicants for rental housing by either (1) "inclusive screening criteria" or (2) "individualized assessment."The court concluded that the landlords have neither demonstrated a physical-invasion taking nor a Penn Central taking. The court stated that, due to the individualized assessment option, the Ordinance is a restriction on the landlords' ability to use their property, not a physical-invasion taking. Furthermore, the district court properly ruled that the landlords offered nothing but conclusory assertions of economic impact and interference with investment-backed expectations. Finally, the Ordinance withstands rational basis review where it does not infringe a fundamental right and where the government had a legitimate purpose in ameliorating problems that often prevent people from finding housing. View "301, 712, 2103 and 3151 LLC v. City of Minneapolis" on Justia Law

The Eighth Circuit affirmed the district court's grant of the government defendants' motion for summary judgment, upholding the denial of plaintiff's Form I-130 Petition for Alien Relative on behalf of her husband. USCIS denied the petition because it concluded that the husband's first marriage was fraudulently entered for the purpose of evading immigration laws.The court concluded that the denial of the I-130 petition was neither arbitrary, capricious nor an abuse of discretion where the record before the agency was lengthy and extensive. In this case, there is direct evidence of fraud where a previous spouse admitted that her marriage to the husband was a sham and plaintiff's claims to the contrary are unavailing. The court discerned no clear error of judgment in the BIA's final determination that there was substantial and probative evidence of marriage fraud. View "Iyawe v. Garland" on Justia Law

The Eighth Circuit vacated defendant's sentence for enticing a minor to engage in sexual activity and remanded for resentencing. The court concluded that Federal Rule of Criminal Procedure 32(g) was violated when the probation officer did not submit the revised PSR and unresolved objections to defendant and his attorney at least 7 days before sentencing. The court explained that, without critical fact allegations in the revised PSR relied upon by the government, and denied by defendant, all the district court had to rely on for a very substantial upward variance was a single admitted act of "sexual activity" that made defendant subject to a minimum 10-year sentence. In these circumstances, the court has no reasonable basis to conclude whether the district court would have imposed the same sentence after a sentencing hearing at which those allegations were either set aside as unproved, or were found to be probably accurate after a proper evidentiary inquiry. View "United States v. Berrier" on Justia Law

The Eighth Circuit reversed the district court's grant of summary judgment in favor of the law firm in a legal malpractice action brought by Gerber, alleging that the firm disclosed privileged documents. Applying the Restatement (Third) of the Law Governing Lawyers, the court concluded that Gerber will have to show that the attorneys' negligence led, in a natural and continuous sequence, to the extra fees paid, and that it would not have incurred the fees in the absence of the firm's negligence. Accordingly, the court remanded for further proceedings. The court also concluded that corrective fees are available, even without an underlying judgment. The court agreed with the district court that the action was not barred by the applicable statute of limitations. View "Gerber Products Co. v. Mitchell Williams Selig Gates & Woodyard, PLLC" on Justia Law

The Eighth Circuit affirmed the district court's denial of qualified immunity to a police officer in an action brought by Marquis Jones's estate, alleging claims under state and federal law after a police officer shot and killed Jones while he was running away from a traffic stop. In this case, the court agreed with the district court that there are two genuine disputes of material fact for the jury: first, whether the officer saw Jones drop the gun when he ordered him to; and second, whether the officer was unreasonable in believing Jones was taking a firing position rather than surrendering. The court stated that, if, construing the evidence most favorably to the estate, the officer knew Jones was unarmed, then shooting him violated a clearly established constitutional right. View "Williams v. City of Burlington" on Justia Law

The Eighth Circuit affirmed the district court's determination that a consequential-damages exclusion is enforceable in a contract for the sale of goods. The court concluded that the contract is clear that Viracon is not liable for consequential damages and found Far East's arguments to the contrary unpersuasive. In this case, the consequential-damages exclusion provision is not unconscionable under Minn. Stat. Sec. 336.2-719(3), and the alleged failure of the contract’s exclusive remedy has no effect on the enforceability of the consequential-damages exclusion. To the extent Far East’s indemnity claim survives the consequential-damages exclusion, it fails because there is no express contract obligating Viracon to reimburse it for the liability of the character involved. Finally, the court denied leave to amend. View "Far East Aluminium Works Co., Ltd. v. Viracon, Inc." on Justia Law

Defendant appealed his sentence imposed after he pleaded guilty to conspiring to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine. The Eighth Circuit enforced defendant's appeal waiver and dismissed the appeal. The court concluded that the appeal waiver is valid, enforceable, and applicable to the arguments raised in this appeal. In this case, defendant does not dispute that the statements he made at his change-of-plea hearing, which carry a strong presumption of verity, demonstrate he knowingly and voluntarily entered into the plea agreement and waiver. Furthermore, the appeal waiver falls within the scope of the waiver. Finally, enforcing defendant's appeal waiver would not result in a miscarriage of justice. View "United States v. Howard" on Justia Law