OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Thursday April 24, 2014 ] The most recent opinions are for: [ 04/24/2014 ]  
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.
131560P.pdf  04/24/2014  Cecil Edwards, Jr.  v.  Karl Byrd
   U.S. Court of Appeals Case No:   13-1560
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Gruender, Author, with Benton and Kelly, Circuit Judges] Prisoner case - Civil rights. In an action alleging defendants used excessive force against plaintiffs, pretrial detainees at the Faulkner County, Arkansas jail, the district court did not err in denying the defendants' motions for summary judgment based on qualified immunity because the facts, as found by the district court for the purposes of the summary judgment motion, would support a claim of excessive force in violation of the Eighth Amendment; the facts as found would also support plaintiffs' claim that defendants failed to protect the plaintiffs from harm in violation of the Due Process Clause; however, defendant Boyd, the sheriff, was not present at the jail on the date of the event in question, and he was entitled to qualified immunity on plaintiffs' individual-capacity excessive-force and failure-to-protect claims.
131632U.pdf  04/24/2014  Robert Diggs  v.  Sheriff Jim Arnott
   U.S. Court of Appeals Case No:   13-1632
   U.S. District Court for the Western District of Missouri - Springfield   
[UNPUBLISHED] [Per Curiam - Before Murphy, Colloton and Benton, Circuit Judges] Civil case - Civil rights. The district court did not abuse its discretion by denying plaintiff's third motion for an extension of time to file his response to defendants' summary judgment motion; order granting defendants summary judgment on plaintiff's claims asserting constitutional violations related to a Ramadan diet he received as a pretrial detainee affirmed.
132183U.pdf  04/24/2014  John Mackovich  v.  United States
   U.S. Court of Appeals Case No:   13-2183
   U.S. District Court for the Western District of Missouri - Springfield   
[UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Smith, Circuit Judges] Civil case - Federal Tort Claims Act. Government's judgment affirmed as there was no basis to reverse the district court's determination that the government had no liability for a slip-and-fall accident in the dining room at the Federal Medical Center at Springfield.
132487P.pdf  04/24/2014  United States  v.  William Lawrence
   U.S. Court of Appeals Case No:   13-2487
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Wollman, Author, with Murphy and Gruender, Circuit Judges] Criminal case - Sentencing. Contrary to defendant's argument, the district court gave great weight to his mental illness, departing downward 48 months; the sentence imposed was not substantively unreasonable in light of defendant's history of violent threats and capacity to cause future harm.
132500U.pdf  04/24/2014  Julio Roberto Fajardo  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:   13-2500
   Petition for Review of an Order of the Board of Immigration Appeals   
[UNPUBLISHED] [Per Curiam - Before Wollman, Bowman and Kelly, Circuit Judges] Petition for Review - Immigration. The court lacks jurisdiction to review the denial of asylum where that denial was based on an unexcused delay in filing the asylum application; withholding of removal was supported by substantial evidence on the record as a whole.
132787U.pdf  04/24/2014  Richard Rasmussen  v.  CIR
   U.S. Court of Appeals Case No:   13-2787
   The United States Tax Court   
[UNPUBLISHED] [Per Curiam - Before Murphy, Colloton and Benton, Circuit Judges] Federal Tax Court. Tax Court's assessment of deficiencies and penalties affirmed without comment.
133049U.pdf  04/24/2014  American Dairy Queen Corp.  v.  Guy A. Blume
   U.S. Court of Appeals Case No:   13-3049
   U.S. District Court for the District of Minnesota - Minneapolis   
[UNPUBLISHED] [Per Curiam - Before Bye, Gruender and Shepherd, Circuit Judges] Civil case. The district court did not err in granting plaintiff's motion for a default judgment or in dismissing defendant's counterclaims as a sanction under Fed. R. Civ. P. 37.
133164U.pdf  04/24/2014  United States  v.  Javier Hurtado-Amezquita
   U.S. Court of Appeals Case No:   13-3164
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[UNPUBLISHED] [Per Curiam - Before Murphy, Colloton and Benton, Circuit Judges] Criminal case - Sentencing. It is well-settled that use of a defendant's prior felony convictions to establish his status as a convicted felon and to enhance his sentence does not constitute a second conviction or punishment for double jeopardy purposes; sentence was not substantively unreasonable.