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.