OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Tuesday July 28, 2015 ] The most recent opinions are for: [ 07/28/2015 ]  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.133677P.pdf 07/28/2015 Larry Jones v. Curtis Meinzer U.S. Court of Appeals Case No: 13-3677 U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Prisoner case - Prisoner civil rights. Plaintiff's action challenging the Department of Correction's grooming policy was not moot in light of the Department's adoption of a new policy following Holt v. Hobbs, 135 S. ct 853 (Jan. 20, 2015); remanded to the district court for further proceedings in light of Holt.141722P.pdf 07/28/2015 Henry Davis v. Michael White U.S. Court of Appeals Case No: 14-1722 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit Judges] Civil case - Civil rights. In action claiming Ferguson, Missouri police officers used excessive force while booking plaintiff, a post-arrest detainee, the district court erred in granting the defendant's motion for summary judgment based on qualified immunity because plaintiff had not alleged a sufficient level of injury;on remand, the district court should apply the proper objective reasonableness standard; no case acknowledging this issue has held that the sort of serious injuries plaintiff alleged - concussion, scalp laceration and bruising - can be considered de minimis as a matter of law for qualified immunity purposes; similarly, the district court erred in granting defendants qualified immunity on plaintiff's state law assault and battery claim; with respect to plaintiff's municipal liability claim, the plaintiff failed to present evidence showing how the Police Department's allegedly poor record keeping directly caused his injury; the officer who executed criminal complaints charging plaintiff with property damage for transferring blood to the officers' uniforms did not violate plaintiff's substantive due process rights as he had a sufficient basis for making the complaints; on remand the district court should consider how to proceed on one police officer's counterclaim for battery against plaintiff.142824P.pdf 07/28/2015 United States v. James Eugene Larive, Jr. U.S. Court of Appeals Case No: 14-2824 U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Colloton, Author, with Wollman, Circuit Judge, and White, District Judge] Criminal case - Criminal law. Defendant took a substantial step towards completion of the offense of attempted sex trafficking of a minor, and the evidence was sufficient to support his conviction; once the attempt was completed by finishing negotiations for the girl's service and traveling to a meeting place, defendant was not entitled to an abandonment defense based on his act of leaving the meeting place.143293U.pdf 07/28/2015 United States v. Markielle Anderson U.S. Court of Appeals Case No: 14-3293 U.S. District Court for the Western District of Missouri - Jefferson City
[UNPUBLISHED] [Per Curiam - Before Gruender, Beam and Benton, Circuit Judges] Criminal case - Sentencing. The sentence imposed, a 24-month variance below the minimum advisory Guidelines sentence, was not substantively unreasonable.143351P.pdf 07/28/2015 SBC Advanced Solutions, Inc. v. CWA, District 6 U.S. Court of Appeals Case No: 14-3351 U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Bye, Circuit Judge, and Schiltz, District Judge] Civil case - Arbitration. In a dispute over a provision in the parties' Collective Bargaining Agreement regarding pay differential for a group of workers performing higher-classified work, the district court did not err in confirming the award on the ground the arbitrator's decision drew its essence from the CBA; the arbitrator did not err in retaining jurisdiction where the amount of the awards to the affected employees remained in issue.143798U.pdf 07/28/2015 Wallace Gardner v. William Straughn U.S. Court of Appeals Case No: 14-3798 U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Colloton, Circuit Judges] Prisoner case - Prisoner civil rights. Plaintiff's official capacity claims against the defendants were barred by sovereign immunity; with respect to the individual capacity claims, the court erred in finding they were barred by the doctrine of res judicata - see Smith v. Johnson, 779 F.3d 867 (8th Cir. 2015); on remand, the district court should consider the alternative grounds advanced by defendants in support of their summary judgment motion.