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.
161560P.pdf   01/19/2017  John Montin  v.  Y. Moore
   U.S. Court of Appeals Case No:  16-1560
   U.S. District Court for the District of Nebraska - Lincoln    
   [PUBLISHED] [Riley, Author, with Beam and Loken, Circuit Judges] 
   Civil case - Medical malpractice. In action by person held for 20 years 
   following a jury finding that he was not responsible for his crimes by 
   reason of insanity, plaintiff's state law malpractice claim was improperly 
   filed in federal court under the Nebraska State Tort Claims Act; if the 
   court assumes that Nebraska has waived its sovereign immunity in this 
   instance, any waiver of that immunity does not extend to actions brought 
   in federal court as the Act specifically requires that the claim be 
   brought in the state district court of the county in which the act or 
   omission occurred; with respect to plaintiff's claim that he was 
   unnecessarily confined, the actions alleged were negligence or, at worst, 
   gross negligence, and such claims were properly dismissed as they do not 
   implicate the protections of the Due Process Clause; plaintiff failed to 
   address the dismissal of his retaliation in his appellate brief, and the 
   district court order dismissing the claim is affirmed. 
161760P.pdf   01/19/2017  Justin Guenther  v.  Griffin Construction Company
   U.S. Court of Appeals Case No:  16-1760
   U.S. District Court for the Western District of Arkansas - Fayetteville    
   [PUBLISHED] [Riley, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - Employment discrimination. The district court erred in 
   determining this action for compensatory damages for employment 
   discrimination under the Americans with Disability Act abated upon the 
   death of the aggrieved party; federal common law does not incorporate 
   state law to determine whether an ADA claim for compensatory damages 
   survives the death of the aggrieved party, and the individual's estate may 
   bring and maintain a suit for compensatory damages under the ADA in place 
   of the aggrieved party. 
161873U.pdf   01/19/2017  United States  v.  David Zouck
   U.S. Court of Appeals Case No:  16-1873
   U.S. District Court for the Western District of Missouri - Springfield    
   [UNPUBLISHED] [Per Curiam - Before Loken, Benton and Kelly, Circuit 
   Criminal case - Criminal law and sentencing. Defendant could not challenge 
   the voluntariness of his plea as he failed to move in the district court 
   to withdraw his guilty plea; district court did not err in relying on 
   unobjected-to portions of the PSR in setting defendant's offense level; 
   sentence was not an upward-departure and notice of intent to depart was 
   not required; sentence did not exceed the statutory maximum; 
   within-guidelines sentence was substantively reasonable; claims of 
   ineffective assistance would not be considered on direct appeal. 
162006P.pdf   01/19/2017  Missouri Broadcasters Assoc.  v.  Lafayette Lacy
   U.S. Court of Appeals Case No:  16-2006
   U.S. District Court for the Western District of Missouri - Jefferson City    
   [PUBLISHED] [Riley, Author, with Wollman and Kelly, Circuit Judges] 
   Civil case - Constitutional law. Plaintiffs' complaint, alleging Mo Rev. 
   Stat. Sec 311.070.4(1) and Mo. Code Regs. Ann. tit. 11. Sec. 
   70-2.240(5)(G), (I) detailing the information alcohol manufacturers, 
   wholesalers, distributors and retailers can include in their 
   advertisements, violate plaintiffs' freedom of speech under the First 
   Amendment, stated a claim upon which relief can be granted, and the 
   district court erred in granting defendants' motion to dismiss; on its 
   face, plaintiffs' amended complaint plausibly demonstrates the challenged 
   provisions do not directly advance the government's asserted substantial 
   interest of promoting responsible drinking, are more extensive than 
   necessary and unconstitutionally compel speech and association. 
162016U.pdf   01/19/2017  Ramon Tomas  v.  Loretta E. Lynch
   U.S. Court of Appeals Case No:  16-2016
   Petition for Review of an Order of the Board of Immigration Appeals    
   [UNPUBLISHED] [Per Curiam - Before Smith, Arnold and Colloton, Circuit 
   Petition for Review - Immigration. Substantial evidence supports the 
   decision to deny withholding of removal and CAT relief, and the decision 
   is affirmed without further comment. 
162793U.pdf   01/19/2017  David James Carlson  v.  County of Ramsey
   U.S. Court of Appeals Case No:  16-2793
   U.S. District Court for the District of Minnesota - Minneapolis    
   [UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Kelly, Circuit 
   Civil case - Civil rights. Dismissal of Section 1983 complaint affirmed 
   without comment.