OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Tuesday May 24, 2016 ] - - - - - NO OPINIONS HAVE BEEN POSTED TODAY The most recent opinions are for: [ 05/23/2016 ]  
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.
151175P.pdf  05/23/2016  United States  v.  Lance House
   U.S. Court of Appeals Case No:   15-1175
   U.S. District Court for the District of South Dakota - Sioux Falls   
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Smith, Circuit Judge] Criminal case - Criminal law. The mere fact that defendant was the only individual with a ponytail in the photo array shown to a witness did not make the photo lineup unduly suggestive, and the district court did not err in denying defendant's motion to suppress; show-up with witness to the incident was not unduly suggestive, and there was little chance the witness misidentified defendant under the circumstances presented.
151739P.pdf  05/23/2016  Feed Management Systems, Inc.  v.  Comco Systems, Inc.
   U.S. Court of Appeals Case No:   15-1739
                          and No:   15-1840
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Smith, Author, with Bye and Benton, Circuit Judges] Civil case - Contracts. The indemnity provision of the parties' management agreement encompassed the litigation between Feed Management and a third party; the district court correctly limited Feed Management's recovery to the sum Feed Management paid out of pocket.
152235P.pdf  05/23/2016  Gosiger, Inc.  v.  Elliott Aviation, Inc.
   U.S. Court of Appeals Case No:   15-2235
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Benton, Author, with Murphy and Smith, Circuit Judges] Civil case - Contracts. The parties' contract did not provide for diminution-in-value damages and the district court did not err in granting summary judgment for defendant.
152885P.pdf  05/23/2016  David Miller  v.  City of St. Paul
   U.S. Court of Appeals Case No:   15-2885
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Murphy, Author, with Beam and Gruender, Circuit Judges] Civil case - Civil rights. The district court did not err in dismissing plaintiff's claims against the city, its police chief and an officer in their official capacities for lack of standing; however, the court erred in dismissing the claims against the officer in her individual capacity for lack of standing as Section 1983 liability can be imposed on a official who oversteps her authority or misuses her powers, and plaintiff alleged the officer threatened to confiscate his banners and signs, thereby creating a concrete threat of injury regardless of whether she also threatened to arrest him; plaintiff did not have standing to seek an injunction prohibiting officials from restricting his religious expression at future fairs as the allegations he presented are simply too speculative to support the relief.
153389U.pdf  05/23/2016  Shane Douglas Bell  v.  William Voight
   U.S. Court of Appeals Case No:   15-3389
   U.S. District Court for the District of South Dakota - Sioux Falls   
[UNPUBLISHED] [Per Curiam - Before Smith, Arnold and Shepherd, Circuit Judges] Prisoner case - Prisoner civil rights. Plaintiff failed to produce evidence that defendants knew of and deliberately disregarded signs that his injuries were serious and needed immediate medical attention, and defendants' summary judgment is affirmed.