for the Eighth Circuit

161022P.pdf   06/22/2017  S.S.  v.  Bellevue Medical Center
   U.S. Court of Appeals Case No:  16-1022
                          and No:  16-1024
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Smith, Author, with Kelly, Circuit Judge, and Sippel, 
   District Judge] 
   Civil case - Nebraska Hospital Medical Liability Act. Notice is not a 
   requirement for qualification for the Act's protections, but rather a 
   requirement imposed on those already qualified; the defendant was 
   qualfied, and did not lose the Act's protections even if it failed to 
   properly post notice regarding opt-out; damage cap in the Act does not 
   violate the Seventh Amendment right to a jury trial; nor does the Act 
   violate the Fifth Amendment's Takings Clause; the Act does not impair 
   access to the courts by limiting recoverable damages; Equal Protections 
   Clause challenged rejected;; substantive due process challenge rejected; 
   defendant's challenges to three different jury instructions rejected. 
  
161404U.pdf   06/22/2017  United States  v.  Joshua Baeten
   U.S. Court of Appeals Case No:  16-1404
   U.S. District Court for the District of Minnesota - St. Paul   
   [UNPUBLISHED] [Per Curiam - Before Loken, Colloton and Kelly, Circuit 
   Judges] 
   Criminal case - Sentencing. Regardless of whether the court reviewed 
   defendant's claim that the court applied an irrelevant or improper factor 
   at sentencing under a plain-error or abuse-of-discretion standard, the 
   district court did not abuse its discretion in considering the potential 
   harm that would have resulted had defendant's offense been carried out 
   with an actual minor child rather than an undercover officer posing on 
   line as a child. 
  
161410P.pdf   06/22/2017  Jimmy Letterman  v.  Steven Lammers
   U.S. Court of Appeals Case No:  16-1410
                          and No:  16-1771
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Gruender, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Civil rights. For the court's prior opinion affirming in part 
   the district court's denial of defendants' motion for summary judgment in 
   this action arising out of the death of plaintiffs' son at the Western 
   Reception, Diagnostic and Correctional Center of the Missouri Department 
   of Corrections, see Letterman v. Does, 789 F.3d 856 (8th Cir. 2015). 
   Evidence was sufficient to support an award of damages for pain and 
   suffering; the act of reporting a medical emergency when a response is not 
   received from a prisoner was not discretionary under the facility's 
   close-observation policy, and the defendants were not entitled to official 
   immunity; the district court did not err in excluding evidence that the 
   medical staff at the prison were unconcerned with the decedent's 
   unresponsiveness after he fell and hit his head because they thought he 
   was sleeping; evidence of what the staff thought but did not disclose is 
   irrelevant and inadmissible; defendants have waived their challenge to 
   certain evidentiary issues by failing to provide any reason why the 
   district court abused its discretion in excluding the evidence under Rule 
   403. 
  
164041U.pdf   06/22/2017  Julio Carrasco-Palos  v.  Jefferson B. Sessions, III
   U.S. Court of Appeals Case No:  16-4041
   Petition for Review of an Order of the Board of Immigration Appeals   
   [UNPUBLISHED] [Per Curiam - Before Wollman and Loken, Circuit Judges, and 
   Rossiter, District Court Judge] 
   Petition for Review - Immigration. The court was without jurisdiction to 
   review the BIA's denial of sua sponte reopening of removal proceedings.