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 Judge] 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 Judge] 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, dissenting. 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.