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.
131468P.pdf 12/17/2014 Mike Townsend v. Bayer HealthCare U.S. Court of Appeals Case No: 13-1468 U.S. District Court for the Eastern District of Arkansas - Pine Bluff [PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Gruender, Circuit Judge] Civil case - False Claims Act. In action alleging Bayer fired plaintiff in violation of the anti-retaliation provisions of the False Claims Act, the action was not barred by the 180-day limitations period contained in Ark. Code Ann. Section 21-1-604; the evidence was sufficient to prove defendant terminated plaintiff in retaliation for his report about a physician selling "gray market" drugs and overbilling Medicaid and that the stated reason for his discharge was a pretext; the protections of the anti-retaliation provision apply to an employee without requiring proof that the employer was acting in concert with the customer to defraud the government or acting in concert with the customer to orchestrate the retaliation; challenges to evidentiary rulings rejected; argument that defendant was entitled to a new trial based on the trial court's refusal to give its proposed jury instruction on attorney-client privilege rejected; whether the statute mandates an employee's reinstatement or leaves the matter to the district court's discretion, the district court did not err in ordering plaintiff's reinstatement; district court did not err in denying defendant's request to remit plaintiff's back pay award; the jury's award of $568,000 for emotional distress was excessive as a matter of law given the extent and duration of plaintiff's distress, and plaintiff is given the option of accepting a remittitur of $300,000 or a new trial on the issue. 133460P.pdf 12/17/2014 Addones Spencer v. Anthony Haynes U.S. Court of Appeals Case No: 13-3460 U.S. District Court for the Eastern District of Arkansas - Helena [PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Kelly, Circuit Judge] Prisoner case - Habeas. Circuit precedent precludes conditions-of-confinment claims using the vehicle of a habeas petition; however the district court should have liberally construed Spencer's pro se habeas petition and given him the option to pursue the claim under Bivens; remanded for further proceedings. 141351U.pdf 12/17/2014 Tylitha Davis v. Carolyn Colvin U.S. Court of Appeals Case No: 14-1351 U.S. District Court for the Western District of Arkansas - Ft. Smith [UNPUBLISHED] [Per Curiam - Before Wollman, Bye and Smith, Circuit Judges] Civil case - Social Security. Substantial evidence on the record as a whole supports the ALJ's determination that claimant's substance abuse was a contributing factor material to a determination of disability and that she was not disabled. 141530P.pdf 12/17/2014 United States v. Ramon Garcia U.S. Court of Appeals Case No: 14-1530 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Per Curiam - Before Riley, Chief Judge, and Beam and Gruender, Circuit Judges] Criminal case - Sentencing. The district court's drug quantity calculation was supported by the record; no error in applying a two-level enhancement under Guidelines Sec. 2D1.1(b)(12) for maintaining a drug or "stash" house; no error in imposing a three-level enhancement under Guidelines Sec. 3B1.1(b) for role in the offense; sentence was not substantively unreasonable. 141916U.pdf 12/17/2014 Christopher Deaton v. Arkansas Dept. of Correction U.S. Court of Appeals Case No: 14-1916 U.S. District Court for the Eastern District of Arkansas - Helena [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Shepherd, Circuit Judges] Prisoner case - Prisoner Civil Rights. Dismissal of prisoner's RLUIPA challenge to defendant's grooming policy affirmed without comment. Judge Colloton, dissenting.