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

The Eighth Circuit affirmed the district court's revocation of defendant's term of supervised release, holding that the evidence was sufficient to support a finding that he violated his conditions of release by possessing ammunition as a felon. In this case, given the evidence of defendant's dominion over the bedroom and the presence of his personal effects in the drawer, the district court did not clearly err in finding that he constructively possessed the ammunition and committed a federal crime. View "United States v. Patton" on Justia Law

The Eighth Circuit affirmed the district court's judgment confirming an arbitrator's award of attorney's fees and expenses to Beumer. The court held that the arbitrator acted within the scope of his authority and did not violate the arbitration agreement's provision when he determined that attorneys' fees were "costs" and not "loss" under Missouri law. Therefore, these costs were not subject to the limitation of liability. The court held that ProEnergy failed to demonstrate grounds to vacate the arbitration award under 9 U.S.C. 10, and denied Beumer's motion for sanctions. View "Beumer Corp. v. ProEnergy Services, LLC" on Justia Law

The Eighth Circuit reversed the district court's decision upholding the Social Security Commission's denial of plaintiff's applications for child insurance benefits and supplemental security income. The court held that the ALJ did not elicit a reasonable explanation to resolve an apparent conflict between testimony from the vocational expert and the Dictionary of Occupational Titles (DOT) when it determined that plaintiff's limitations did not prevent him from performing certain jobs in the national economy. In this case, the conflict was in regard to the DOT's listing related to the level of reasoning required for the job of hospital or industrial cleaner. Accordingly, the court remanded for further proceedings. View "Stanton v. Commissioner" on Justia Law

After Gary Wenzel was shot and killed by a police officer, Wenzel's family filed suit against the officer, alleging a claim under 42 U.S.C. 1983 for excessive force. The Eighth Circuit reversed the district court's denial of summary judgment based on the officer's claim of qualified immunity. The court held that, given the officer's knowledge of Wenzel's reputation of being aggressive and violent towards law enforcement officers, it was reasonable for the officer to believe that Wenzel posed an immediate threat of serious physical harm to him, notwithstanding the fact that the officer could see that Wenzel's hands were empty and the later-discovered fact that Wenzel was unarmed. In this case, a reasonable officer on the scene would have viewed Wenzel's indisputably aggressive approach as a precursor to a physical altercation, and the officer was required to make a split-second decision in an unpredictable and dangerous circumstance. View "Wenzel v. Storm" on Justia Law

The Eighth Circuit granted a petition for review of the BIA's order dismissing petitioner's administrative appeal of the IJ's denial of her motion to reopen removal proceedings and rescind her in absentia removal order. The court held that the BIA abused its discretion because it did not address whether petitioner's inability to get proper medical attention constituted exceptional circumstances sufficient to excuse her failure to attend her asylum hearing. Therefore, the court remanded for the agency to determine in the first instance whether petitioner's motion to reopen warranted a favorable exercise of the BIA's discretion. View "Payeras v. Sessions" on Justia Law

Bruce Munro and his studio appealed the district court's dismissal of his complaint against Lucy and the denial of his motion to amend his complaint. Munro's claims stemmed from Lucy's "Light Forest" exhibition and advertising campaign that infringed on Munro's works. The Eighth Circuit affirm the district court's decision to dismiss Munro's trade dress, fraud, and tortious interference claims as well as its denial of Munro's motion to amend these claims because the proposed amendments were futile. The court held, however, that Munro sufficiently pleaded a trademark claim so as to survive a motion to dismiss for failure to state a claim. Accordingly, the court reversed in part, affirmed in part, and remanded for further proceedings. View "Munro v. Lucy Activewear, Inc." on Justia Law

The Eighth Circuit affirmed the district court's denial of summary judgment to a state trooper based on qualified immunity in a 42 U.S.C. 1983 action alleging that the trooper used excessive force. The court held that the trooper's use of force was not objectively reasonable under the circumstances. In this case, plaintiff was an unarmed, nonviolent offender who was not actively resisting or fleeing, but the trooper nonetheless lifted plaintiff off the ground and slammed his head into the floor, causing him to lose two teeth. The court held that a reasonable police officer would have known at the time of the incident that throwing a nonviolent, nonthreatening misdemeanant who was not actively resisting face first to the ground was not permissible use of force. View "Rokusek v. Jansen" on Justia Law

The Eighth Circuit affirmed the district court's decision to abstain, and held that the district court correctly determined that preemption was not facially conclusive and no exception to Younger abstention applied. In this case, Baywood filed suit against the Commissioner and DLI, alleging that the Fair Labor Standards Act (FLSA) preempted the Minnesota Fair Labor Standards Act (MFLSA) and thus Baywood need not pay state penalties for any MFLSA violation. However, in a previous suit, DLI brought an administrative action against Baywood for failing to pay overtime compensation in violation of the MFLSA. View "Minnesota Living Assistance v. Peterson" on Justia Law

Petitioner and her children petitioned for review of the BIA's order denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that there was no legal error as to petitioner's petition and that substantial evidence supported the Board's decision that her proposed social group (targeted gang girlfriends or witnesses who report crimes to the police) lacked particularity and was not cognizable. Furthermore, the record did not support a conclusion that a family relationship was a central reason for petitioner's persecution, and she failed to meet her burden of proof on her CAT claim. Therefore, the court denied her petition for review. In regard to the children's petition, the court held that the record showed they presented independent applications, but the Board failed to decide the applications separately from their mother's. Therefore, the court granted their petitions for review and remanded their cases for further consideration. View "Pena De Rivas v. Sessions" on Justia Law

Kinder filed suit against Manning, alleging that Manning breached a contract to build a pumping station. The Eighth Circuit affirmed the district court's judgment in favor of Manning, holding that Kinder committed the first material breach of contract by threatening to assess delay-related damages without any justification, interfering with the relationship between Manning and EarthTec, and failing to provide adequate assurances that Manning would be paid for its work. The court also held that the district court correctly found that Kinder wrongfully terminated the contract and that evidence at trial supported the damage award. View "Randy Kinder Excavating, Inc. v. JA Manning Construction Co." on Justia Law