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.
141680P.pdf   07/24/2015  Marvin Mead  v.  Charles Palmer
   U.S. Court of Appeals Case No:  14-1680
   U.S. District Court for the Northern District of Iowa - Sioux City    
   [PUBLISHED] [Smith, Author, with Bye, Circuit Judge, and Schiltz, District 
   Judge] 
   Civil case - Civil rights. The district court erred in denying defendants' 
   motion for summary judgment based on qualified immunity on plaintiff's 
   claim for damages regarding the denial of partial dentures; the evidence 
   showed plaintiff, a civilly-committed patient, had received regular dental 
   exams which did not show a partial denture was medically necessary, was 
   able to eat, had gained weight, was not in pain and had rejected 
   alternative diets. Judge Bye, dissenting. 
  
142307P.pdf   07/24/2015  United States  v.  Trey Boykin
   U.S. Court of Appeals Case No:  14-2307
   U.S. District Court for the Northern District of Iowa - Sioux City    
   [PUBLISHED] [Smith, Author, with Bye, Circuit Judge, and Schiltz, District 
   Judge] 
   Criminal case - Criminal law. In a kidnapping prosecution under 18 U.S.C. 
   Sec. 1201(a)(1),the indictment's failure to allege the kidnapping was "for 
   ransom or reward or otherwise" was not fatally insufficient - see Hayes v. 
   U.S., 296 F.2d 657 (8th Cir. 1961); the evidence was insufficient to 
   support defendant's conviction for conspiracy to distribute marijuana as 
   the first instance relied on by the government was no more than a 
   buyer-seller relationship and as to the claim that defendant was in a 
   conspiracy with others, such as his supplier and co-defendant, the record 
   was simply insufficient to support the existence of a conspiracy. Judge 
   Bye, dissenting. 
  
142785P.pdf   07/24/2015  Xuan Huynh  v.  U.S. Dept. of Transportation
   U.S. Court of Appeals Case No:  14-2785
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Murphy, Author, with Riley, Chief Judge, and Melloy, Circuit 
   Judge] 
   Civil case - Employment discrimination. Assuming plaintiff made a prima 
   facie case that defendant fired him from his trainee air traffic 
   controller position based on his race, the defendant established a 
   legitimate, non-discriminatory ground for the termination (failure to 
   master the necessary skills required of a controller), which plaintiff 
   failed to show was a pretext for race discrimination. 
  
142786P.pdf   07/24/2015  David Behlmann  v.  Century Surety Company
   U.S. Court of Appeals Case No:  14-2786
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Benton, Author, with Gruender and Melloy, Circuit Judges] 
   Civil case - Insurance. The district court did not err in admitting 
   evidence of the amount needed to pay plaintiff's medical bills under Mo. 
   Rev. Stat. Sec. 490.715.5; the district court did not err in finding 
   defendant had provided a race-neutral reason for its decision to strike an 
   African-American juror and that plaintiff had failed to show purposeful 
   discrimination. 
  
143057P.pdf   07/24/2015  U.S. Water Services, Inc.  v.  ChemTreat, Inc.
   U.S. Court of Appeals Case No:  14-3057
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Riley, Author, with Murphy and Melloy, Circuit Judges] 
   Civil case - Trade Secrets. The district court did not err in finding the 
   misappropriation of trade secrets action, together with plaintiff's 
   statements to its customers and suppliers, produced an objective, 
   reasonable apprehension of suit and the district court did not err in 
   concluding it had declaratory judgment action jurisdiction over the 
   counterclaim requesting declaratory judgments of noninfringement and 
   invalidity of a patent; the district court's decision was not a advisory 
   opinion; Chem Treat's motion for attorneys' fees is denied as the 
   counterclaim defendants' appeal was not frivolous. 
  
143240P.pdf   07/24/2015  Tracy Milam  v.  Carolyn W. Colvin
   U.S. Court of Appeals Case No:  14-3240
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Smith, Author, with Beam and Bye, Circuit Judges] 
   Civil case - Social Security. The IJ did not err in discrediting the 
   treating physician's opinion as it was inconsistent with his conclusion 
   that claimant could return to work, claimant's daily activities, and the 
   other medical evidence in the case; the IJ properly evaluated and 
   discredited claimant's subjective complaints of disabling pain; the 
   hypothetical question posed the Vocational Expert was consistent with the 
   objective medical evidence. Judge Bye, dissenting. 
  
143326U.pdf   07/24/2015  Marie Womack  v.  Paul Bradshaw
   U.S. Court of Appeals Case No:  14-3326
   U.S. District Court for the Western District of Missouri - Springfield    
   [UNPUBLISHED] [Per Curiam - Before Gruender, Melloy and Benton, Circuit 
   Judges] 
   Civil case - Civil rights. Officer was entitled to qualified immunity on 
   plaintiff's claim he used excessive force when he took her to the ground 
   after she forcibly resisted arrest, as the officer's action was not 
   clearly established as unconstitutionally excessive in 2009 when the 
   arrest occurred. 
  
143825U.pdf   07/24/2015  Koatha Broadus  v.  Carolyn W. Colvin
   U.S. Court of Appeals Case No:  14-3825
   U.S. District Court for the Western District of Missouri - Kansas City    
   [UNPUBLISHED] [Per Curiam - Before Shepherd, Bye and Kelly, Circuit 
   Judges] 
   Civil case - Social Security. Denial of benefits was supported by 
   substantial evidence on the record as a whole. 
  
151055U.pdf   07/24/2015  United States  v.  Ricardo Martinez
   U.S. Court of Appeals Case No:  15-1055
   U.S. District Court for the Southern District of Iowa - Davenport    
   [UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Gruender, Circuit 
   Judges] 
   Criminal case - Criminal law. Anders case. Defendant signed a valid waiver 
   of his right of appeal as part of the plea agreement in the case, and the 
   appeal is dismissed; ineffective assistance of counsel claim would not be 
   considered on direct appeal.