for the Eighth Circuit

153575P.pdf   01/31/2017  Rodney Raymond  v.  Board of Regents of the U of M
   U.S. Court of Appeals Case No:  15-3575
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Strand, Author, with Benton and Shepherd, Circuit Judges] 
   Civil case - Civil rights. In action alleging plaintiff was deprived of 
   liberty and property interests without due process when his employment 
   with the University of Minnesota was terminated, the allegations of 
   plaintiff's complaint fail to state a claim of a pre-termination due 
   process violation and because he did not sufficiently plead such a due 
   process violation, exhaustion of remedies is required to proceed on his 
   post-termination claim; plaintiff failed to establish that proceeding in 
   the post-termination process would have been futile, and his claim was 
   properly dismissed because he failed to exhaust available state remedies. 
   Judge Shepherd, concurring. 
  
153936P.pdf   01/31/2017  Hiland Partners GP Holdings  v.  National Union Fire Insurance
   U.S. Court of Appeals Case No:  15-3936
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Murphy, Author, with Kelly, Circuit Judge, and Montgomery, 
   District Judge] 
   Civil case - Insurance. The district court did not err in finding the 
   insurer was relieved of its duty to defend and indemnify by reason of the 
   pollution exclusion in the underlying policy as the injury giving rise to 
   the claim was caused by the explosion of condensate, a contaminant and 
   pollutant covered by the pollution exclusion. 
  
161742U.pdf   01/31/2017  United States  v.  Nefer Ariza
   U.S. Court of Appeals Case No:  16-1742
   U.S. District Court for the District of Minnesota - St. Paul   
   [UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Kelly, Circuit 
   Judges] 
   Criminal case - Criminal law. Anders case. Defendant knowingly and 
   voluntarily executed an appeal waiver as part of his guilty plea, and the 
   appeal is dismissed. 
  
161853P.pdf   01/31/2017  United States  v.  Frank Russell McCoy
   U.S. Court of Appeals Case No:  16-1853
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Benton, Author, with Shepherd, Circuit Judge, and Ebinger, 
   District Judge] 
   Criminal case - Criminal law and sentencing. The conditions of defendant's 
   supervised release authorized the search of his computers which led to the 
   seizure of child pornography; the search was within the scope of the 
   conditions of release and the search and seizure were reasonable; evidence 
   was sufficient to support defendant's conviction for possession of child 
   pornography; defendant's conviction for transporting obscene materials in 
   violation of 18 U.S.C. Sec. 1462 triggered an enhanced penalty in this 
   case as the materials involved in the earlier conviction related to sexual 
   assault and child pornography; while defendant suffered from prostate 
   cancer, such a condition did not qualify for a downward departure under 
   Guidelines Sec. 5H1.4 as the court found it unlikely that defendant would 
   require special care the BOP could not provide or that his physical 
   condition would impair his ability to function; as a result, the district 
   court did not abuse its discretion by denying the departure based on 
   health as it did not have an unconstitutional motive and knew of its 
   authority to grant a departure. 
  
163080U.pdf   01/31/2017  Scott Family Properties  v.  Missouri Highways and Trans
   U.S. Court of Appeals Case No:  16-3080
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Melloy, Circuit 
   Judges] 
   Civil case. Since plaintiff's claims were not ripe, the district court 
   lacked jurisdiction over them and it should have remanded plaintiff's 
   state law claims to state court rather than dismissing them.