for the Eighth Circuit

152271P.pdf   06/27/2017  Chariell Glaze  v.  Karl Byrd
   U.S. Court of Appeals Case No:  15-2271
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Colloton, Author, with Gruender and Kelly, Circuit Judges] 
   Civil case - Civil rights. For the court's prior opinion in the matter 
   see, Glaze v. Boyd, 721 F.3d 528 (8th Cir. 2013). In an action by a former 
   jail detainee alleging defendant, a corrections officer, failed to protect 
   him from an attack by three other detainees, the district court acted 
   within its discretion under Rule 404(b) in granting the officer's motion 
   in limine to exclude evidence that he resigned from the facility in lieu 
   of accepting termination for giving an inmate a cigarette in violation of 
   jail policy. 
  
161591P.pdf   06/27/2017  Patricia Vance  v.  Nancy A. Berryhill
   U.S. Court of Appeals Case No:  16-1591
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Beam and Gruender, Circuit Judges] 
   Civil case - Social Security. A reasonable mind could find the record 
   supports the ALJ's determination that claimant did not meet Listing 
   11.17A; the record also supports the ALJ's determination that claimant did 
   not exhibit the deficits in adaptive functioning needed to meet Listing 
   12.05C; the ALJ did not err in declining to give controlling weight to the 
   opinion of claimant's treating physician concerning her residual 
   functional capacity where the opinion was based on claimant's subjective 
   complaints and the ALJ concluded that objective medical evidence did not 
   support the subjective complaints. 
  
162019P.pdf   06/27/2017  Andrew Ellis  v.  The City of Minneapolis
   U.S. Court of Appeals Case No:  16-2019
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Melloy, Author, with Wollman and Shepherd, Circuit Judges] 
   Civil case - Fair Housing Act. In action by lessors alleging the City's 
   heightened enforcement of housing and rental standards had a disparate 
   impact on the availability of housing for persons protected by the Fair 
   Housing Act, the district court did not err in granting the City's motion 
   for judgment on the pleadings under Rule 12(c)under the cautionary 
   standards announced by the Supreme Court in Texas Department of Housing & 
   Community Affairs v. Inclusive Communities Project, Inc., 135 S.Ct. 2507 
   (2015); the plaintiffs failed to plead sufficient facts to plausibly 
   support the existence of an arbitrary, artificial and unnecessary policy 
   causing a problematic disparity. 
  
163071P.pdf   06/27/2017  Sam Edwards  v.  Hiland Roberts Dairy
   U.S. Court of Appeals Case No:  16-3071
                          and No:  16-3075
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Riley, Author, with Beam and Shepherd, Circuit Judges] 
   Civil case - Employment discrimination. Assuming plaintiffs made a prima 
   facie case of race discrimination, the employer stated a legitimate, 
   non-discriminatory ground for their discharge - falsifying time records - 
   which plaintiffs failed to show was a pretext; incident involving white 
   employees plaintiffs used to support the claim of pretext involved 
   employees who were not similarly situated. 
  
163239U.pdf   06/27/2017  United States  v.  Travis Ybarra
   U.S. Court of Appeals Case No:  16-3239
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Loken, Murphy and Melloy, Circuit 
   Judges] 
   Criminal case - Criminal law. The district court did not err in denying 
   defendant's motion for a mistrial when a government witness stated he knew 
   defendant as a person that committed a murder as the court immediately 
   struck the answer and gave a curative instruction to telling the jury to 
   disregard the information; further, the evidence of defendant's guilt was 
   substantial and any lingering prejudicial effect was harmless; any error 
   in refusing to permit defendant to recall the witness to impeach her with 
   a previously recorded statement was harmless as he had already impeached 
   her on the issue and another witness had testified to the same facts. 
  
163246P.pdf   06/27/2017  Matthew Leonard  v.  Delaware North Companies, etc.
   U.S. Court of Appeals Case No:  16-3246
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Colloton, Circuit Judge, and Gerrard, 
   District Judge] 
   Civil Case - Arbitration. Where plaintiff volunteered to work at Busch 
   Stadium to raise funds for a university and signed an agreement to 
   arbitrate any claims arising out of his volunteer service, the agreement 
   was not unconscionable and was supported by consideration - the 
   opportunity to volunteer and the defendant's agreement to make a 
   contribution to the university; the factual allegations underlying 
   plaintiff's claim that he was defrauded of the minimum wage were covered 
   by the arbitration provision. 
  
163410P.pdf   06/27/2017  United States  v.  Crispin Herra-Herra
   U.S. Court of Appeals Case No:  16-3410
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Beam, Author, with Riley and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. No error in giving an Allen 
   charge; evidence was sufficient to support defendant's conviction for 
   conspiracy to distribute methamphetamine; within-Guidelines sentence was 
   presumptively reasonable on appeal and nothing in the record rebuts this 
   presumption.