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Zouck U.S. Court of Appeals Case No: 16-1873 U.S. District Court for the Western District of Missouri - Springfield [UNPUBLISHED] [Per Curiam - Before Loken, Benton and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing.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 Judges] 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 Judges] Civil case - Civil rights. Dismissal of Section 1983 complaint affirmed without comment.