OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m.

Current Opinions are for Wednesday, August 15, 2018 

DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                           as a courtesy to the reader.  They are not part of the opinion of the court.

161172P.pdf     08/15/2018  Kaye Melin  v.  Ashley Sveen
   U.S. Court of Appeals Case No:  16-1172
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Per Curiam - Before Benton and Shepherd, Circuit Judges, and 
   Ebinger, District Judge] 
   Civil case - Insurance. On remand from the Supreme Court of the United 
   States. Sveen v. Merlin, 138 S.Ct. 1815 (2018). In light of the Supreme 
   Court's decision in Sveen, this court affirms the district court's grant 
   of summary judgment awarding the policy proceeds to the deceased's 
   children. 
  
171164P.pdf     08/15/2018  Eugene Nelson  v.  Charles City Community School
   U.S. Court of Appeals Case No:  17-1164
   U.S. District Court for the Northern District of Iowa - Waterloo   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy, 
   Circuit Judge] 
   Civil case - Rehabilitation Act. This opinion is issued by Chief Judge 
   Smith and Judge Colloton pursuant to the provisions of 8th Cir. R. 47E. 
   Because the plaintiff's complaint under the Rehabilitation Act seeks 
   relief available under the Individuals with Disabilities Act - relief for 
   the denial of a Free and Appropriate Public Education - they must exhaust 
   their administrative remedies before filing a Rehabilitation Act suit; 
   none of the exceptions to exhaustion of administrative remedies applied, 
   and the district court properly granted granted summary judgment for 
   failure to exhaust administrative remedies. 
  
171179P.pdf     08/15/2018  Robert McChesney  v.  Caroline C. Hunter
   U.S. Court of Appeals Case No:  17-1179
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Beam, Circuit 
   Judge] 
   Civil case - Federal Campaign Laws. The Federal Election Commission 
   imposed a civil penalty on McChesney as the treasurer for a campaign for 
   U.S. Senate after finding McChesney failed to file certain notices of 
   campaign contributions which must be reported within 48 hours. McChesney 
   brought his suit alleging the Commission lacked authority to impose the 
   penalty. Congress's extension of the administrative fine program allowed 
   the Commission to continue regulations previously adopted and the 
   extension did not require the Commission to conduct a new evaluative 
   process before establishing the schedule of fines; the Commission did not 
   violate its rules implementing the Sunshine Act when it adopted the 2014 
   penalty schedule by notational voting without a public meeting; the lack 
   of returned paper ballots does not give rise to a plausible claim that the 
   Commission failed to comply with the vote tally procedure set forth in one 
   of its directives. Judge Beam, concurring in the result. 
  
171260P.pdf     08/15/2018  Ronda Marsh  v.  Phelps County
   U.S. Court of Appeals Case No:  17-1260
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Beam, Author, with Smith, Chief Judge, and Colloton, Circuit 
   Judge] 
   Civil case - Civil rights. In action alleging plaintiff was sexually 
   assaulted by a guard while she was an inmate at the Phelps County jail, 
   the district court granted summary judgment to the County and the 
   offending guard's supervisors, and plaintiff appeals. The district court 
   did not err in granting the County summary judgment on plaintiff's 
   unconstitutional policy or custom claim as plaintiff identified no 
   evidence that evinces a deliberate choice of a guiding principle or 
   procedure made by the County authorizing officers to engage in the 
   behavior, and no evidence suggested that one one existed in the first 
   instance; nothing in the record established that any failure to train the 
   guard caused him to assault plaintiff or that County was deliberately 
   indifferent to plaintiff's rights; with respect to the guards' 
   supervisors' individual liability, negligence on their behalf would not be 
   sufficient to establish Section 1983 liability; a reasonable officer in 
   Sheriff Samuelson's position would not have known that he needed to more 
   closely supervise the guard, and the Sheriff was entitled to qualified 
   immunity; nor would a reasonable officer in defendant Gregg's position 
   have concluded on this record that the guard posed an obvious risk to 
   commit sexual assault. 
  
173061P.pdf     08/15/2018  United States  v.  Oscar Steinmetz
   U.S. Court of Appeals Case No:  17-3061
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Arnold and Shepherd, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err in concluding 
   defendant consented to a warrantless search of his residence and his 
   computer and storage media; scope of search did not exceed the scope of 
   defendant's general consent to the search; no error in admitting evidence 
   of molestation of the victim and the pornographic anime defendant showed 
   her as it established the context in which defendant took nude photos of 
   the victim, as well as his grooming process; in this prosecution for 
   production of child pornography, no error in admitting other child 
   pornography found on defendant's computer; no error in admitting a picture 
   of defendant's ex-wife wearing a bondage costume identical to the one 
   shown in the photos of the victim, as the picture tended to prove 
   defendant took the photos of the victim; the district court did not abuse 
   its discretion in limiting defendant's cross-examination of the victim 
   concerning her depression and counseling as he failed to make any offer of 
   proof to show how the questioning would have been relevant to the 
   witness's credibility or bias. 
  
173118U.pdf     08/15/2018  Angela Biddle  v.  Commissioner, Social Security
   U.S. Court of Appeals Case No:  17-3118
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Bowman and Erickson, Circuit 
   Judges] 
   Civil case - Social Security. Substantial evidence supported the ALJ's 
   conclusion that claimant's child's severe impairments did not functionally 
   equal a listed impairment; denial of child-disability benefits affirmed. 
  
173356U.pdf     08/15/2018  United States  v.  Kevin Williams
   U.S. Court of Appeals Case No:  17-3356
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [UNPUBLISHED] [Per Curiam - Before Loken, Colloton and Benton, Circuit 
   Judges] 
   Criminal case - Sentencing. Anders case. Defendant's below-advisory 
   Guidelines sentence was not substantively unreasonable. 
  
181209U.pdf     08/15/2018  United States  v.  Deandre Walls
   U.S. Court of Appeals Case No:  18-1209
   U.S. District Court for the Western District of Missouri - Springfield   
   [UNPUBLISHED] [Per Curiam - Before Benton, Shepherd and Stras, Circuit 
   Judges] 
   Criminal case - Sentencing. The district court did not err in concluding 
   that defendant had committed a Grade B violation of his supervised 
   release, and the sentence imposed upon the revocation of defendant's 
   supervised release was not unreasonable or an abuse of the court's 
   discretion.