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.
141279P.pdf 07/23/2015 Chris Schaffhauser v. United Parcel Service, Inc. U.S. Court of Appeals Case No: 14-1279 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Benton, Author, with Gruender and Melloy, Circuit Judges] Civil case - Employment Discrimination. Plaintiff failed to produce any direct evidence that he was demoted based on race discrimination; applying the McDonnell Douglas analysis, assuming plaintiff made a prima facie case, UPS established a legitimate, non-discriminatory ground for the demotion (violation of UPS's Professional Conduct and Anti-Harassment Policy), which plaintiff failed to show was a pretext for race discrimination; assuming plaintiff made a prima facie case of discrimination based on his disability, he failed to show he ever requested a formal accommodation or that UPS was aware of his medical condition before the misconduct which served as the basis for his demotion. 142537P.pdf 07/23/2015 Illinois Lumber and Material v. United States U.S. Court of Appeals Case No: 14-2537 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Loken, Author, with Wollman and Beam, Circuit Judges] Civil case - Federal Tax. In an action seeking a refund of alleged capital gains tax overpayment,the refund claim was time-barred, and the case is reversed and remanded with directions to dismiss the complaint for lack of jurisdiction. 142585P.pdf 07/23/2015 United States v. James White, Jr. U.S. Court of Appeals Case No: 14-2585 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Gruender, Author, with Shepherd and Kelly, Circuit Judges] Criminal case - Criminal law. The district court erred in granting defendant's motion for a judgment of acquittal based on its conclusion that no reasonable juror could find beyond a reasonable doubt that defendant intentionally assaulted his ten-month old son during a ten-minute period when they alone; the circumstantial evidence, including defendant's behavior after the incident, and the medical testimony were sufficient for a reasonable jury to conclude that the infant suffered a non-accidental acceleration-deceleration injury in the ten-minute period he was alone with the defendant. 143570P.pdf 07/23/2015 United States v. Lamar Bertucci U.S. Court of Appeals Case No: 14-3570 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Smith, Author, with Wollman and Benton, Circuit Judges] Criminal case - Sentencing. In a prosecution for killing a bald eagle and a rough-legged hawk, the court erred in setting market values for the birds as the valuations provided by the government's witness did not constitute sufficiently reliable evidence to justify new and dramatically increased eagle and hawk values; the sentencing record indicated that the $6,500 "financial obligation" the court imposed was not a fine but restitution, which the court lacked authority to order in the context of the specific charges in the case; on remand the court may consider whether to order restitution as a condition of defendant's supervised release; the presentence report failed to establish a factual or evidentiary basis for a special condition of supervision requiring defendant to undergo anger-management counseling and the condition is vacated as it does not address concerns of crime deterrence, public safety or defendant's correctional needs. 143625U.pdf 07/23/2015 Peter Ngobya v. Loretta E. Lynch U.S. Court of Appeals Case No: 14-3625 Petition for Review of an Order of the Board of Immigration Appeals [UNPUBLISHED] [Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Petition for Review - Immigration. Substantial evidence supports the BIA's finding that petitioner failed to establish past persecution or a well-founded fear of future persecution due to a protected ground, and the petition for review is denied without further comment.