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.