OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Wednesday October 01, 2014 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 09/30/2014 ]  
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.
132592P.pdf  09/30/2014  Larry Alexander  v.  Avera St. Luke's Hospital
   U.S. Court of Appeals Case No:   13-2592
   U.S. District Court for the District of South Dakota - Aberdeen   
[PUBLISHED] [Loken, Author, with Bright and Gruender, Circuit Judges] Civil case - Employment Discrimination. Plaintiff, a doctor providing pathological services to the defendant hospital, was an unprotected independent contractor and not an employee for purposes of his ADA, ADEA and FMLA claims, and the district court did not err in granting defendant summary judgment on those claims; similarly, plaintiff was an independent contractor and not an employee for purposes of his claims under the South Dakota Human Rights Act.
133367U.pdf  09/30/2014  Earl Freeman  v.  Chris Chiprez
   U.S. Court of Appeals Case No:   13-3367
   U.S. District Court for the Southern District of Iowa - Des Moines   
[UNPUBLISHED] [Per Curiam - Before Murphy, Bowman and Benton, Circuit Judges] Civil case - Civil Rights. Summary judgment was appropriate on plaintiff's excessive force claims against the individual law enforcement officer defendants as they had qualified immunity because a reasonable officer in their situation could reasonably believe they were at serious risk of physical harm at the time they used force against plaintiff; warrantless use of a GPS device in March, 2010 did not violate clearly-established law and defendant Chiprez was entitled to summary judgment on the claim this violated plaintiff's civil rights; since no liability attached to the individuals, the City and County defendants were entitled to summary judgment on plaintiff's failure to train or supervise claims.
142534U.pdf  09/30/2014  Anthony Thrash  v.  Dustin McDaniel
   U.S. Court of Appeals Case No:   14-2534
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[UNPUBLISHED] [Per Curiam - Before Loken, Melly and Gruender, Circuit Judges] Civil Rights - Prisoner Civil Rights. Dismissal affirmed without comment.