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

The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's request for asylum. The court held that the BIA did not engage in impermissible fact-finding; substantial evidence supported the BIA's conclusion that that there was an insufficient nexus between the threats and petitioner's membership in a community development organization that addressed gang problems in the area; and substantial evidence supported the conclusion that petitioner failed to demonstrate an objectively reasonable fear of future persecution. View "Gomez-Garcia v. Sessions" on Justia Law

The Eighth Circuit reversed the district court's adverse grant of summary judgment on plaintiff's employment claim alleging retaliatory termination. The court held that a reasonable jury could conclude that her protected action was the but-for cause of her termination. In this case, it was undisputed that plaintiff's letter complaining of unequal pay based on her sex was a protected act and that she suffered an adverse employment action. View "Donathan v. Oakley Grain, Inc." on Justia Law

The Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute methamphetamine. The court held that the Allen charge was not impermissibly coercive, and the district court did not abuse its discretion in giving the charge as opposed to granting a mistrial as requested by defendant; the evidence was sufficient to support the conviction; and defendant's within-Guidelines sentence was substantively reasonable and the district court did not abuse its discretion. View "United States v. Herra-Herra" on Justia Law

The Eighth Circuit affirmed the district court's order compelling arbitration and dismissing plaintiff's case without prejudice where he alleged violations of minimum wage laws, as well as fraud. In this case, plaintiff signed a Volunteer Release, Waiver and Indemnification Agreement when he volunteered as a concession worker for a fundraiser. The court held that the agreement was not unconscionable under Missouri law because the agreement was easy to understand, with no evidence that it was non-negotiable. Furthermore, the agreement did not lack consideration where the consideration was that plaintiff was giving up his right to sue in return for his opportunity to volunteer and DNCS's contribution to Washington University, something neither was legally bound to do. Finally, the underlying factual allegations were covered by the arbitration provision. View "Leonard v. Delaware North Companies Sport Service, Inc." on Justia Law

Plaintiffs filed suits against Hiland Dairy, alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and Nebraska law. The Eighth Circuit held that, because plaintiffs failed to produce direct evidence of discrimination, the court must apply the McDonnell Douglas burden-shifting framework. Applying the framework, the court held that Hiland Dairy satisfied its burden by articulating and presenting evidence of a legitimate and indiscriminatory reason for firing them. In this case, Hiland Dairy cited "theft of time" and dishonest conduct as reasons for termination. The court rejected plaintiffs' claim that they were disciplined more severely than similarly-situated white employees because the reasons Hiland Dairy gave were significant and sufficient distinctions making the situations not similarly situated in all relevant respects. The court rejected plaintiffs' remaining contentions and affirmed the judgment. View "Edwards v. Hiland Roberts Dairy" on Justia Law

Plaintiffs filed suit challenging the City's heightened enforcement of housing and rental standards, arguing that there was a disparate impact on the availability of housing for individuals protected under the Fair Housing Act (FHA), 42 U.S.C. 3604(a). The Eighth Circuit held that plaintiffs failed to plead a prima facie case of disparate impact under the FHA. In this case, pursuant to Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 135 S.Ct. 2507 (2015), plaintiff failed to, at the very least, point to an artificial, arbitrary, and unnecessary policy causing the problematic disparity. Accordingly, the court affirmed the district court's grant of the City's motion for judgment on the pleadings. View "Ellis v. City of Minneapolis" on Justia Law

The Eighth Circuit affirmed the denial of plaintiff's application for supplemental security income. The court held that a reasonable mind could find that the record supports the ALJ's determination that plaintiff did not meet Listing 11.17A; the ALJ reasonably found, based on the record as a whole, that plaintiff did not exhibit the deficits in adaptive functioning needed to meet Listing 12.05C; and the ALJ had ample reason to discount the opinion of plaintiff's treating physician and to rely instead on the opinions of the state agency medical consultants, which were more consistent with the medical evidence. View "Vance v. Berryhill" on Justia Law

Plaintiff, a former detainee at a detention center, filed suit against a former correctional officer, alleging that the officer violated plaintiff's constitutional rights by failing to protect him from a violent attack while he was detained. The Eighth Circuit held that the district court did not abuse its discretion by failing to admit evidence regarding the officer's resignation from the Center in lieu of accepting termination of his employment. The officer resigned after he was accused of passing a cigarette to an inmate in violation of institutional policy. In this case, plaintiff did not identify a permissible purpose for the resignation evidence under Federal Rule of Evidence 404(b) and the district court properly declined to allow inquiry about the incident under Rule 608(b). Accordingly, the court affirmed the judgment. View "Glaze v. Childs" on Justia Law

Petitioner, a native and citizen of Nigeria, sought review of the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Eighth Circuit agreed with the IJ and the BIA that the harms petitioner described were not persecution because they were not inflicted by the government or private parties that the government was not able to control. In this case, petitioner asserted that supernatural forces inflicted much of the harm; to the extent petitioner asserted that the Nigerian government was unable or unwilling to control the devil's human agents, substantial evidence showed otherwise; substantial evidence supported the agency's determination that petitioner had no objectively reasonable fear of future persecution; and, given the record evidence showing the government's efforts to curtail the torture of suspected witches and wizards, substantial evidence supported the agency's denial of petitioner's request for CAT relief. Accordingly, the court denied the petition for review. View "Edionseri v. Sessions" on Justia Law

Petitioner claimed a charitable deduction of $16.4 million for donating an easement, but the Commissioner disallowed the deduction. The Eighth Circuit affirmed the tax court's ruling in favor of the Commissioner because petitioner did not make a qualified contribution easement pursuant to 26 U.S.C. 170(b)(1)(E). In this case, because the banks' mortgages were not subordinated before the charitable conveyance occurred in December 2003, petitioner was not entitled to a deduction on its 2003 tax return for a qualified conservation contribution. View "RP Golf v. Commissioner" on Justia Law