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

The Eighth Circuit affirmed the district court's denial of defendant's motion to vacate his sentence under 18 U.S.C. 117 for the crime of domestic assault by a habitual offender in Indian country. The court held that defendant's prior 2013 conviction under Bismarck Municipal Court for simple assault was for an offense which, if subject to federal jurisdiction, would qualify as an assault against an intimate partner under section 117(a)(1). Consequently, defendant cannot show that he is "actually innocent" of the offense to which he pleaded guilty, and his challenge to the sentence is procedurally defaulted. View "Silk v. United States" on Justia Law

Top Rank and Middendorf are boxing promoters and parties to an Agreement and Release regarding a successful boxer's promotional rights. The Eighth Circuit affirmed the district court's grant of summary judgment to Middendorf in part, holding that the Agreement and Release contemplates that Middendorf is entitled to a fee so long as Top Rank promotes the boxer's title defenses pursuant to a promotional rights agreement. However, the court reversed the district court's grant of summary judgment for Middendorf in part, holding that the term "purse," as used in the Agreement and Release, does not include a boxer's share of gate revenues. View "Middendorf Sports v. Top Rank, Inc." on Justia Law

The Eighth Circuit granted in part and denied in part a petition for review of the BIA's decision reversing the IJ's grant of waiver of inadmissibility and deferral of removal to petitioner. After determining that the court had jurisdiction to review petitioner's arguments and that the criminal-alien bar did not preclude review, the court held that the BIA did not supplant the IJ's finding that petitioner likely faced hardship, and suspected that any discrepancies in wording were inadvertant and did not cross the line separating permissible weighing from impermissible fact finding.However, further proceedings are required on petitioner's request for deferral of removal under the Convention Against Torture (CAT). The court held that what is missing from the decision is a finding that petitioner would "more likely than not" suffer torture in Somalia. Accordingly, the court remanded with instructions to the BIA to remand to the IJ to make this finding. View "Kassim v. Barr" on Justia Law

The Eighth Circuit affirmed the district court's entry of a $356,619.30 judgment in favor of the Estate of Joyce Rosamond Peterson against Defendants Bitters and Henry. Bitters, a financial advisor, advised Petersen to withdraw $150,000 from her annuities and to loan it to another client of his, Henry.The court rejected Bitters' assertion that the Estate's fraud and breach-of-fiduciary-duty claims were time-barred, and that the district court erred by instead instructing the jury to apply the four-year limitations period for claims of negligence and fraud. The court held that any potential error did not affect Bitters' substantial rights. The court also held that the district court had a duty to make the damages award conform to the law, and did not abuse its discretion by preventing the Estate from recovering twice for a single, indivisible injury; the evidence was insufficient to provide the jury with a reasonably certain basis for calculating pain-and-suffering damages; because it was clear at the Rule 50 hearing that the claims for negligence and breach of fiduciary duty under Nebraska law were identical, the district court did not err by dismissing the Estate's negligence claim; and summary judgment to Defendant Boland was not erroneous because there was no genuine dispute of material fact as to whether Bitters and Boland had entered into a partnership. View "Estate of Joyce R. Petersen v. Bitters" on Justia Law

After debtors filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code, the United States Trustee objected to the discharge in bankruptcy. The Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of discharge.The Eighth Circuit affirmed and agreed with the BAP that the bankruptcy court did not err in denying debtors a discharge in bankruptcy under 11 U.S.C. 727(a)(3) based on its findings that debtors unjustifiably failed to keep adequate records of financially significant watch and jewelry transactions. In a consumer bankruptcy, the debtor has a greater duty to keep records of a sudden and large dissipation of assets. In this case, debtors' return of twenty-seven valuable watches and the Kwait bridal collection ring to a judgment creditor was such a sudden and large dissipation of assets. View "Snyder v. Dykes" on Justia Law

The Eighth Circuit affirmed the district court's dismissal of plaintiff's claims of racial discrimination and retaliation, disability discrimination, whistleblower retaliation, and breach of fiduciary duty. The court held that plaintiff's discrimination claim failed because Mid Dakota offered a legitimate nondiscriminatory reason for its actions: his inability to get along with others; plaintiff's Title VII retaliation claims failed because he failed to show he was retaliated against for reporting racial slurs and racially charged comments; plaintiff's False Claims Act retaliation claim failed because there was no evidence, direct or otherwise, that his decision to report the allegedly fraudulent billing practices of a colleague caused—much less solely caused—Mid Dakota to force him out; and plaintiff's claim under the North Dakota Business Corporation Act failed because he was an at-will employee. View "Bharadwaj v. Mid Dakota Clinic" on Justia Law

The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence recovered during a traffic stop. The court held that the officer had reasonable suspicion based on several specific and interrelated facts to extend the stop. In this case, the officer saw an out-of-state truck with paper tags driving in the middle of the night; he discovered neither adult in the vehicle had a driver's license and the paper tags were expired; there was some confusion as to the name of the owner; the purported purpose for the trip was a two-to-three-day painting job, but no supplies were present other than one can of paint; he learned all of this after having his suspicion piqued by the fact that defendant and his partner gave different names; and he thought it unusual that an unlicensed driver would bring small children and an unlicensed partner/significant other with him for the midnight travel in the unlicensed vehicle for a short term out-of-state job.The court also held that, absent a physical trespass and during an otherwise lawfully extended stop, an officer may look at the undercarriage of a vehicle without probable cause. Finally, the officer had probable cause and had a legal basis for the subsequent seizure of the black plastic bag located above a spare tire. View "United States v. Sanchez" on Justia Law

The Eighth Circuit affirmed the district court's finding that plaintiff failed to allege a claim that a state prosecutor retaliated against him for seeking unpaid overtime compensation. The court held that plaintiff waived his First Amendment retaliation claim by failing to brief the issue; because plaintiff is not an employee under section 215(a)(3) of the Fair Labor Standards Act, the district court did not err in dismissing his claim; because plaintiff failed to point to any alteration or extinguishment of a right or legal status on appeal, he failed to state a due process claim; and because plaintiff failed to allege a conspiracy under 42 U.S.C. 1985(2), his sections 1985(3) and 1986 claims also failed. Finally, the court held that there was no error in dismissing plaintiff's state law claims and in denying him leave to file a third amended complaint. View "Liscomb v. Boyce" on Justia Law

Plaintiff filed suit against the sheriff and sheriff's deputies, alleging that they violated his constitutional right to be free from unreasonable searches and seizures and his right to due process.The Eighth Circuit affirmed the district court's grant of summary judgment to defendants, holding that the deputies were entitled to qualified immunity because a reasonable officer could believe that the location of the keys to a seized vehicle was reasonably related to the suspected crime because it could provide evidence that plaintiff himself placed the car on the property rather than someone else; the seizure of antique handguns, guns in unopened boxes, and holsters were covered under the second warrant authorizing the seizure of any and all handguns in plaintiff's home; the second warrant was sufficiently particular; the sheriff was entitled to summary judgment on claims against him in his individual capacity and in his official capacity; and plaintiff had an adequate state court remedy to obtain the return of the seized items. View "Thiel v. Korte" on Justia Law

The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of child pornography that FBI agents found on his phone. The court held that the warrant supported probable cause and the search of defendant's phone was valid. The court also affirmed defendant's sentencing, rejecting defendant's argument that the word "computer" in USSC 2G2.2(b)(6) is unconstitutionally vague. Finally, the court affirmed the district court's restitution order for nine of the victims. View "United States v. Green" on Justia Law