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.
143280P.pdf 04/27/2016 Regina Barton v. Zachary Owens U.S. Court of Appeals Case No: 14-3280 U.S. District Court for the Western District of Arkansas - Hot Springs [PUBLISHED] [Wollman, Author, with Colloton and Kelly, Circuit Judges] Civil case - Civil rights. The facts alleged in the complaint were sufficient to establish that plaintiff's decedent suffered from an objectively serious medical need and created an inference that the defendant law enforcement officer was deliberately indifferent to the man's need for medical attention; the complaint alleged facts that plaintiff's decedent exhibited symptoms substantially more serious than ordinary intoxication and the defendant was aware of these symptoms, as well as the fact that the man had recently been involved in an auto accident; under these circumstances, a reasonable police officer would comprehend that he was violating plaintiff's decedent's clearly established constitutional rights by failing to seek medical treatment; since the complaint alleges facts sufficient to create an inference that the officer acted with deliberate indifference, the complaint also alleged facts sufficient to create an inference of malice, and the officer was not entitled to statutory immunity under the Arkansas Civil Rights Act. Judge Colloton, dissenting. 143627P.pdf 04/27/2016 United States v. Barvarito Garcia-Longoria U.S. Court of Appeals Case No: 14-3627 U.S. District Court for the Southern District of Iowa - Council Bluffs [PUBLISHED] [Loken, Author, with Wollman and Bye, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining that defendant's prior conviction for violating Neb. Rev. Stat. Section 28-931(1) for intentional assault of a police officer was a crime of violence, as the mens rea alternatives in the statute are alternative elements in a divisible statute that permit use of the modified categorical approach to determine the prior conviction was a crime of violence. 152040P.pdf 04/27/2016 Matthew Peet v. James Checkett U.S. Court of Appeals Case No: 15-2040 Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Loken, Circuit Judge] Civil case - Bankruptcy. The bankruptcy court did not err in determining that joint tenancies with right of survivorship in real property and an auto remained intact through the creation of the bankruptcy estate, and it did not err in permitting the sale of the property on the ground the bankruptcy estate was the sole owner. 152681U.pdf 04/27/2016 United States v. Tracy Yost U.S. Court of Appeals Case No: 15-2681 U.S. District Court for the Western District of Missouri - Kansas City [UNPUBLISHED] [Per Curiam - Before Loken, Bye and Kelly, Circuit Judges] Criminal case - Criminal law. Anders case. Defendant signed a valid, enforceable appeal waiver as part of his plea agreement, and the appeal is dismissed. 153326U.pdf 04/27/2016 United States v. Irenelisa Torres-Resendiz U.S. Court of Appeals Case No: 15-3326 U.S. District Court for the Western District of Arkansas - Fayetteville [UNPUBLISHED] [Per Curiam - Before Loken, Bye and Kelly, Circuit Judges] Criminal case - Sentencing. Anders case. The district court did not err in imposing an enhancement under Guidelines Sec. 3B1.1(c) for role in the offense. 153398U.pdf 04/27/2016 Arron Lewis v. Wendy Kelley U.S. Court of Appeals Case No: 15-3398 U.S. District Court for the Eastern District of Arkansas - Pine Bluff [UNPUBLISHED] [Per Curiam - Before Wollman, Bowman and Murphy, Circuit Judges] Prisoner case - Prisoner civil rights. Defendants' summary judgment affirmed without comment.