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.
123872P.pdf   04/16/2014  Christopher Payne  v.  Fred Britten
   U.S. Court of Appeals Case No:  12-3872
   U.S. District Court for the District of Nebraska - Lincoln    
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Kelly, Circuit 
   Prisoner case - Prisoner civil rights. When an official properly and 
   timely files a motion for dismissal or summary judgment asserting 
   qualified immunity, the official is entitled to a ruling on the issue of 
   qualified immunity; as such, the district court must issue a reviewable 
   ruling - either or granting or denying qualified immunity - before 
   requiring the officials to progress further in the litigation; here, where 
   the district court declined to rule on the issue, the district court's 
   order converting the officials' motion to dismiss into a motion for 
   summary judgment is reversed, and its partial denial of the officials' 
   motion for summary judgment is vacated; the matter is remanded with 
   instructions for the district court to decide, consistent with this 
   opinion, whether the officials are entitled to qualified immunity on the 
   pleadings under Rule 12(b)(6). Chief Judge Riley, concurring in part and 
   dissenting in part. 
131073P.pdf   04/16/2014  United States  v.  Carlos Martins
   U.S. Court of Appeals Case No:  13-1073
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Kelly, Circuit 
   Criminal case - Criminal law. The district court erred in denying 
   defendant's post-trial motion to suppress evidence obtained as a result of 
   a traffic stop; where the arresting officer could read the defendant's 
   license plate from a distance of 100 feet, he did not have probable cause 
   to believe that the partial obstruction of the plate allowed him to make a 
   traffic stop under Nebraska Revised Statute Sec. 60-399(2); the facts that 
   defendant had out-of-state plates and exited at an unlikely exit for 
   cross-country travelers did not provide the officer with the requisite 
   level of suspicion to stop defendant; as a result, the evidence seized 
   during the traffic stop had to be suppressed. Chief Judge Riley, 
132085P.pdf   04/16/2014  United States  v.  James Curtis
   U.S. Court of Appeals Case No:  13-2085
   U.S. District Court for the Western District of Arkansas - Ft. Smith    
   [PUBLISHED] [Wollman, Author, with Bye and Melloy, Circuit Judges] 
   Criminal case - Criminal law. In a case involving involuntary medication 
   of the defendant to restore his competency to stand trial, the 
   government's evidence established the second factor identified in Sell v. 
   United States, 539 U.S. 106 (2003) -that administration of the drug 
   risperidone would significantly further the government's interest in 
   prosecuting the case - but the district court failed to make a specific 
   determination with respect to the fourth Sell factor - whether 
   administering the drug constituted a medically appropriate treatment for 
   defendant - and the matter must be remanded with directions to the 
   district court to determine whether the government has established by 
   clear and convincing evidence that involuntarily administering the 
   medication is medically appropriate.