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.
161183P.pdf   05/05/2017  Kimberly Boude  v.  Michael Heady
   U.S. Court of Appeals Case No:  16-1183
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Civil case - Civil rights. It was reasonable for the defendant police officer to believe that plaintiff was reaching for the gear shift lever in her car in an attempt to flee while she was in an impaired state, and his action in removing her from SUV in order to restrain her and prevent her from further non-compliance or flight was objectively reasonable; defendant was also entitled to official immunity on plaintiff's negligence and battery claims. 161452P.pdf 05/05/2017 Shane Lager v. CSL Behring U.S. Court of Appeals Case No: 16-1452 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Wollman, Circuit Judge, and Wright, District Judge] Civil case - False Claims Act. The district court did not err in dismissing this FCA suit based on the Act's public disclosure bar, 31 U.S.C. Section 3730(e)(4)(A); viewed collectively, the public disclosures provided enough information about the participants in the scheme to directly identify the defendants and the subject drugs and "set the government squarely on the trail" of the defendants' participation in the purported fraudulent reporting of prices for DME infusion drugs; the information thus met the first prong of the public disclosure bar by identifying the defendants in the case; second, the information was sufficient to show defendants' fraudulent activity and thus the second prong of the public disclosure bar - identification of the subject matter of the fraud - was also met. 161506P.pdf 05/05/2017 USA ex rel. Ambrosecchia v. Paddock Laboratories, LLC U.S. Court of Appeals Case No: 16-1506 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Gruender, Author, with Riley, Circuit Judge, and Gritzner, District Judge] Civil case - False Claims Act. The district court did not err in dismissing this FCA suit based on the Act's public disclosure bar, 31 U.S.C. Section 3730(e)(4); the public disclosure bar can be resolved by a motion to dismiss; plaintiff's complaint was insufficient to plausibly state that she qualified as an original source; the district court did not abuse its discretion by denying leave to amend; allowing a party to join another party's motion to dismiss is well within the district court's discretion. 161925U.pdf 05/05/2017 Keith Deaton v. Wendy Kelley U.S. Court of Appeals Case No: 16-1925 U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[UNPUBLISHED] [Per Curiam - Before Gruender, Arnold and Benton, Circuit Judges] Prisoner case - Habeas. For the court's prior opinion in the matter, see Deaton v. Hobbs, 561 Fed. Appx. 684 (8th Cir. 2014). Deaton's evidence was not sufficient to establish that no juror, acting reasonably, would have voted to find him guilty beyond a reasonable doubt, and he failed to meet the demanding actual-innocence standard to toll the expiration of the statute of limitations for his Section 2254 petition. 162395U.pdf 05/05/2017 Mazen Abdel-Ghani v. Target Corporation U.S. Court of Appeals Case No: 16-2395 and No: 16-2397 U.S. District Court for the District of Minnesota - Minneapolis
[UNPUBLISHED] [Per Curiam - Before Benton, Beam and Murphy, Circuit Judges] Civil case - Employment discrimination. Plaintiff failed to show he was subjected to a hostile work environment as the comments on which he relies, while morally repulsive, were not physically threatening and did not interfere with his work performance; there was no direct evidence that plaintiff was terminated based on his national origin and, applying the McDonnell Douglas analysis, plaintiff failed to establish a prima facie case of discrimination because the record did not show that his termination occurred under circumstances that would permit an inference of discrimination. 163754U.pdf 05/05/2017 United States v. Oscar Vazquez U.S. Court of Appeals Case No: 16-3754 U.S. District Court for the Southern District of Iowa - Des Moines
[UNPUBLISHED] [Per Curiam - Before Riley, Murphy and Shepherd, Circuit Judges] Criminal case - Sentencing. Anders case. Defendant's below-guidelines sentence was not substantively unreasonable.