OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Wednesday October 26, 2016 ] The most recent opinions are for: [ 10/26/2016 ]  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.142988P.pdf 10/26/2016 Craig Keefe v. Beth Adams U.S. Court of Appeals Case No: 14-2988 U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Civil rights. Given the strong state interest in regulating health professions, teaching and enforcing viewpoint-neutral professional codes of ethics are a legitimate part of a professional school's curriculum that do not, at least on their face, run afoul of the First Amendment; college administrators and educators in a professional school have discretion to require compliance with recognized standards of the profession, both on and off campus, so long as their actions are reasonably related to legitimate pedagogical concerns; plaintiff's offensive posts on his Facebook page were directed at fellow Nursing Program students, involved their conduct in the program and included a physical threat against a fellow student; as a a result, the defendants could terminate him from the program as his comments had the potential to impact the educational experience and patient care; the First Amendment did not bar defendants from making the determination that plaintiff was unable to meet the professional demands of being a nurse, and the standards applied were generally recognized and sufficiently specific to support the action; plaintiff's substantive due process claim rejected; with respect to his procedural due process claim, defendants afforded plaintiff a pre-removal, informal face-to-face hearing that included an opportunity to respond, and the procedures used were sufficient to comport with due process; further, plaintiff was given sufficient notice of the faculty's dissatisfaction, an explanation of why his conduct fell short of the professionalism requirements of the program, an opportunity to respond to the initial decision and an opportunity to appeal; school's policies did not create an expectation of a formal hearing process. Judge Kelly, concurring in part and dissenting in part.153716U.pdf 10/26/2016 Patricia M. Aitchison v. Carolyn W. Colvin U.S. Court of Appeals Case No: 15-3716 U.S. District Court for the District of Minnesota - Minneapolis
[UNPUBLISHED] [Per Curiam - Before Loken, Smith and Colloton, Circuit Judges] Civil case - Social Security. The ALJ did not err in giving limited weight to the treating physician's opinion.161523U.pdf 10/26/2016 Patrick Bray v. Bank of America U.S. Court of Appeals Case No: 16-1523 U.S. District Court for the Eastern District of Missouri - St. Louis
[UNPUBLISHED] [Per Curiam - Before Wollman, Loken and Benton, Circuit Judges] Civil case - Bank Holding Company Act. The district court did not err in dismissing, for lack of standing, plaintiff's complaint regarding violation of the anti-tying provisions of the Act where he failed to allege sufficiently that his injury was caused by a violation of the Act.