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.
143495P.pdf 07/20/2016 Billie Allen v. United States U.S. Court of Appeals Case No: 14-3495 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Colloton, Author, with Wollman and Melloy, Circuit Judges] Prisoner case - Habeas. Given the state of the law at the time of Allen's capital murder trial, it was not professionally unreasonable for counsel to forego an objection to the district court's procedure for identifying jurors by number; the district court did not err in denying this habeas petition without an evidentiary hearing. 151540P.pdf 07/20/2016 Tamela Montgomery v. City of Ames U.S. Court of Appeals Case No: 15-1540 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Colloton, Author, with Wollman and Melloy, Circuit Judges] Civil case - Civil rights. For the court's prior opinion in the matter, see Montgomery v. City of Ames, 749 F.3d 689 (8th Cir. 2014). In an action brought by a woman assaulted by a man residing in a halfway house operated by the State of Iowa in Ames, the district court did not err in granting summary judgment for the State, the center, the center's manager and the director of the Iowa Department of Corrections, as: (1) there was no evidence the center's manager had any knowledge of the man's actions in abusing plaintiff or violating protective orders, and he cannot be held liable under Section 1983 for constitutional violations of a subordinate on a respondeat superior theory; (2) there was insufficient evidence that his subordinates were deliberately indifferent to a known or obvious substantial risk of harm to plaintiff when they authorized the assailant to visit a local grocery store (he instead went to plaintiff's home and committed the assault); (3) plaintiff failed to establish that the manager or the employees of the center created a new danger to plaintiff or increased the danger the man posed to her; (4) the claim against the Director of the Department of Corrections failed for insufficient evidence as he had no personal knowledge of the situation and he cannot be held liable for failure to train or implement adequate policies in the absence of a constitutional violation by the staff; and (5) the claims against the State and the Center are barred by the Eleventh Amendment. 161602U.pdf 07/20/2016 Maurice Moore v. John Gerrard U.S. Court of Appeals Case No: 16-1602 U.S. District Court for the District of Nebraska - Lincoln [UNPUBLISHED] [Per Curiam - Before Colloton, Bowman and Gruender, Circuit Judges] Civil case - Civil rights. Preservice dismissal affirmed without comment.