[ November 30, 1999 ]


974285P.pdf 11/30/99 Carol L. Walker v. Kenneth S. Apfel U.S. Court of Appeals Case No. 97-4285 District of Minnesota Civil case - Social Security. ALJ was not collaterally estopped by 1991 order on prior application for benefits from finding claimant was capable of performing her past relevant work; no error in calling a vocational expert when ALJ determined claimant's limitations fell between two ranges of work. 991639P.pdf 11/30/99 Dustin Andrus v. State of Arkansas U.S. Court of Appeals Case No. 99-1639 Eastern District of Arkansas Civil case - Civil rights. Eleventh Amendment does not bar official- capacity claims for injunctive relief ,and plaintiff's complaint requests injunctive relief against state police officer with sufficient clarity to survive motion to dismiss. 991721P.pdf 11/30/99 United States v. Willie Washington U.S. Court of Appeals Case No. 99-1721 District of Nebraska Criminal case - criminal law. Validity of search of bag was governed by law of the case; even if it was unconstitutional, defendant had no standing to challenge it because he abandoned the bag and continues to disclaim ownership; evidence was sufficient to support drug conviction. 992395P.pdf 11/30/99 United States v. John D. Buckley U.S. Court of Appeals Case No. 99-2395 District of South Dakota Criminal case - criminal law. Evidence was sufficient to support conviction for aggravated sexual abuse, as testimony and physical evidence established the use of force. 996060P.pdf 11/30/99 Julie Sue Scholl v. Louis A. McLain U.S. Bankruptcy Appellate Panel No. 99-6060 District of Southern Iowa Bankruptcy Appellate Panel - Bankruptcy court erred in finding debt between ex-spouses was not in the nature of alimony, support or maintenance and therefore not excepted from discharge; divorce decree specifically stated the debt was a nondischargeable support obligation and no evidence was produced which showed the parties intended anything different. [ November 29, 1999 ]

983922U.pdf 11/29/99 Erma Evans v. AT&T Corporation U.S. Court of Appeals Case No. 98-3922 Eastern District of Arkansas Civil case - Employment law. District court finding that plaintiff was ineligible for disability benefits affirmed without comment. 991296P.pdf 11/29/99 Willie L. Garrett v. USA U.S. Court of Appeals Case No. 99-1296 and No. 99-1692 Western District of Missouri Prisoner case - habeas. Appeal dismissed as untimely, as plaintiff's untimely Rule 59(e) motion failed to toll the time for filing the notice of appeal. 991670P.pdf 11/29/99 Flandreau Santee v. Unites States U.S. Court of Appeals Case No. 99-1670 District of South Dakota Civil case - Indian law. For purpose of tax code provision imposing penalty on any person who makes an excessive claim for refund of excise tax on gasoline sales, Native American tribe was a person and was subject to the penalty. [ November 26, 1999 ]

982122P.pdf 11/26/99 Joseph Boston v. Michael Bowersox U.S. Court of Appeals Case No. 98-2122 Western District of Missouri Prisoner case - habeas. Claim that jury was not a fair cross-section rejected without comment. 983843P.pdf 11/26/99 Ali Abdullah Sabhari v. Janet Reno, et al. U.S. Court of Appeals Case No. 98-3843 District of Minnesota Civil case - Immigration law. District court erred in finding it did not have jurisdiction under the Illegal Immigration Reform and Immigrant Responsibility Act to decide legal challenge to order denying plaintiff's petition to adjust his immigration status; however, the BIA decision was supported by substantial evidence of immigration fraud, and the order should be affirmed. 991241P.pdf 11/26/99 Larry Melvin v. Duff-Norton Co. U.S. Court of Appeals Case No. 99-1241 Eastern District of Arkansas Civil case - Insurance. Pilot was engaged in an occupational activity at the time of his crash and injuries sustained in the accident were not covered under the defendant's health care plan. 992291U.pdf 11/26/99 Michael Gottson v. AR Children's Hosp. U.S. Court of Appeals Case No. 99-2291 Eastern District of Arkansas Civil case - Malpractice. Dismissal of medical malpractice suit affirmed without comment. [ November 24, 1999 ]

983109U.pdf 11/24/99 Henry Chester v. Kelly Lock U.S. Court of Appeals Case No. 98-3109 Western District of Missouri Prisoner case - prisoner civil rights. Prison officials' summary judgment affirmed without comment. 983191P.pdf 11/24/99 Charles Emmenegger v. Bull Moose Tube Co. U.S. Court of Appeals Case No. 98-3191 and No. 98-3970 Eastern District of Missouri Civil case - ERISA. Phantom stock plan was not an ERISA plan; severance plan was an employee welfare benefit plan under ERISA; case remanded for further proceedings. 991361U.pdf 11/24/99 Sherman D. Hampton v. United States U.S. Court of Appeals Case No. 99-1361 Western District of Missouri Prisoner case - habeas. Claims of ineffective assistance of counsel at sentencing rejected; no error in imposing special assessment under 18 U.S.C. Sec. 3013. 991808U.pdf 11/24/99 Cindy J. Korver v. Kenneth S. Apfel U.S. Court of Appeals Case No. 99-1808 Western District of Missouri Civil case - Social Security. Denial of disability benefits affirmed without comment. 991986U.pdf 11/24/99 Mary A. Ratliff v. City of Columbia U.S. Court of Appeals Case No. 99-1986 Western District of Missouri Civil case - civil rights. In false arrest case, failure-to-train and failure-to-discipline claims failed for lack of evidence establishing policy or custom or notice. 992465P.pdf 11/24/99 United States v. Cabrera-Reynoso U.S. Court of Appeals Case No. 99-2465 District of Minnesota Criminal case - criminal law. Probable cause existed for warrantless arrest. 992474U.pdf 11/24/99 Ronald Moore v. P. W. Keohane U.S. Court of Appeals Case No. 99-2474 Western District of Missouri Prisoner case- prisoner civil rights. Claim of deliberate indifference to need for kidney transplant rejected. [ November 23, 1999 ]

981775U.pdf 11/23/99 Dwight Laughlin v. Dora Schriro U.S. Court of Appeals Case No. 98-1775 Western District of Missouri Prisoner case - habeas. Because Laughlin could not establish his claim of actual innocence, his procedural default cannot be excused. 982760U.pdf 11/23/99 United States v. Salvador Rubinet U.S. Court of Appeals Case No. 98-2760 Western District of Missouri Criminal case - criminal law. Evidence was sufficient to support drug convictions, and court did not err in admitting evidence of past drug conviction to establish intent. 983459U.pdf 11/23/99 Gary Ebeck v. USA U.S. Court of Appeals Case No. 98-3459 Western District of Missouri Prisoner case- habeas. Rule 60(b) motion was properly construed as successive habeas application, and the district court did not err in denying it as Ebeck did not first obtain circuit court permission to file a new habeas. 991336U.pdf 11/23/99 Stuart Entertainment v. American Games U.S. Court of Appeals Case No. 99-1336 Southern District of Iowa Civil case - copyright. Defendant's judgment affirmed without comment. 991407U.pdf 11/23/99 United States v. Floyd Allen Baker U.S. Court of Appeals Case No. 99-1407 Southern District of Iowa Criminal case - criminal law. Batson challenge rejected; indictment was legally sufficient; no error in enhancing felon in possession sentence for possession of the weapon in connection with another felony. 991644U.pdf 11/23/99 Howard D. Ogle v. A.D.M. Milling Co. U.S. Court of Appeals Case No. 99-1644 Western District of Missouri Civil case - torts. Dismissal affirmed without comment. 991709U.pdf 11/23/99 Vickie D. Gray v. United States U.S. Court of Appeals Case No. 99-1709 Western District of Missouri Prisoner case - habeas. As there was no conflict between written sentencing order and oral pronouncement of sentence, counsel was not ineffective in failing to challenge the alleged conflict. 991734U.pdf 11/23/99 USA v. Wendell S. Williams U.S. Court of Appeals Case No. 99-1734 Southern District of Iowa Criminal case - criminal law. No error in admitting eye-witness testimony or lay opinion evidence from FBI agent. 991964U.pdf 11/23/99 United States v. Richard J. Ottman U.S. Court of Appeals Case No. 99-1964 Western District of Missouri Criminal case - Sentencing Guidelines. Drug quantity calculations were not clearly erroneous; no abuse of discretion in imposing enhancement for obstruction of justice or in denying reduction for acceptance of responsibility. 992190U.pdf 11/23/99 Ida Pierce v. Donna E. Shalala U.S. Court of Appeals Case No. 99-2190 Western District of Missouri Civil case - Medicare. Secretary's decision to deny waiver of overpayment assessed under the Medicare secondary payer statute affirmed without comment. 992283U.pdf 11/23/99 USA v. Donell Simpson U.S. Court of Appeals Case No. 99-2283 Western District of Missouri Criminal case - criminal law. Bank robbery conviction affirmed without comment. 992316P.pdf 11/23/99 United States v. David J. Barnes U.S. Court of Appeals Case No. 99-2316 District of Nebraska Criminal case - criminal law. Search warrant was supported by probable cause; even if no-knock aspect of warrant was invalid, the apartment was unoccupied at the time of the search, and the officers would have entered the apartment; spontaneous incriminating statement was admissible. 992385U.pdf 11/23/99 United States v. Dal Thomas Carter U.S. Court of Appeals Case No. 99-2385 Western District of Missouri Criminal case - criminal law. Evidence sufficient to support drug conviction; challenges to evidentiary rulings and jury instructions rejected. 992429U.pdf 11/23/99 USA v. Ricky Carter U.S. Court of Appeals Case No. 99-2429 Western District of Missouri Criminal case - criminal law. Evidence sufficient to support conviction for growing marijuana; no abuse of discretion in permitting expert to testify regarding herbicide's effect on marijuana plants. [ November 22, 1999 ]

983928P.pdf 11/22/99 Roseann Thorne v. Welk Investment U.S. Court of Appeals Case No. 98-3928 and No. 98-4048 Western District of Missouri Civil case - Civil rights. Plaintiff's award in sexual harassment and retaliation case affirmed; punitive damage award and remitted actual damage award affirmed; attorneys' fees award remanded for comparison with fees in comparable cases. [ November 19, 1999 ]

982593P.pdf 11/19/99 Robert Lingle v. State of Iowa et al. U.S. Court of Appeals Case No. 98-2593 Southern District of Iowa Prisoner case - habeas. Prosecutor's failure to provide Lingle with doctor's report indicating sexual abuse victim's hymen was intact did not affect outcome of trial as penetration is not an element of the offense of second degree sexual abuse under Iowa law, and the report did not necessarily contradict the victim's testimony. 983964U.pdf 11/19/99 Janice Johnson v. HCA Health Services U.S. Court of Appeals Case No. 98-3964 Eastern District of Arkansas Civil case - Civil rights. Defendants' judgment in ADA action affirmed without comment. 991335P.pdf 11/19/99 Raymond Shipley v. City of University U.S. Court of Appeals Case No. 99-1335 Eastern District of Missouri Civil case - civil rights. In ADA action, terminated firefighter failed to show he was regarded as precluded from a broad class of jobs other than the particular job of firefighter; thus, as a matter of law, he failed to show he was substantially limited in the major life activity of working. [ November 18, 1999 ]

983831P.pdf 11/18/99 United States v. James Allen Martin U.S. Court of Appeals Case No. 98-3831 District of Minnesota Criminal case - Sentencing Guidelines. In felon in possession conviction, no error in enhancing sentence on ground weapon was possessed to facilitate another offense. 983920U.pdf 11/18/99 Otto Llovet v. Eugene DeShazo U.S. Court of Appeals Case No. 98-3920 Western District of Missouri Civil case - malpractice. Attorney's judgment in legal malpractice action affirmed without comment. 991957U.pdf 11/18/99 USA v. Rickey L. Jackson U.S. Court of Appeals Case No. 99-1957 Eastern District of Missouri Criminal case - Criminal law. Drug conviction affirmed without comment. 992733U.pdf 11/18/99 Randall S. Whitmore v. David S. Avery U.S. Court of Appeals Case No. 99-2733 District of Nebraska Prisoner case - habeas. State's appeal from order denying their motion to reinstate order requiring Whitmore to report to Nebraska prison authorities rejected as frivolous and in flagrant disregard of this court's previous orders. [ November 17, 1999 ]

981002P.pdf 11/17/99 Duane Thiel v. Timothy Schuetzle U.S. Court of Appeals Case No. 98-1002 District of North Dakota Prisoner case - habeas. Evidence was sufficient to support murder conviction. 982698U.pdf 11/17/99 Kandice R. Ball v. Dept. of Education U.S. Court of Appeals Case No. 98-2698 Eastern District of Arkansas Civil case - School law. Court reaffirms holding that State's acceptance of funds under the Individuals With Disabilities Act constitutes a waiver of Eleventh Amendment immunity. 983960U.pdf 11/17/99 United States v. Randall Kirk Bell U.S. Court of Appeals Case No. 98-3960 Southern District of Iowa Criminal case - Criminal law. Evidence was sufficient to support conviction on firearm offense. 991007P.pdf 11/17/99 Nancy Lurie v. Robert Blackwell U.S. Court of Appeals Case No. 99-1007 Eastern District of Missouri Civil case - bankruptcy. Evidence was sufficient to support findings regarding fraudulent transfers. 991827U.pdf 11/17/99 Fred Jones v. Becker Group U.S. Court of Appeals Case No. 99-1827 Eastern District of Missouri Civil case - Labor law. Employer had right to terminate plaintiff and union did not breach duty of fair representation. 996036P.pdf 11/17/99 In re: John P. Simmonds U.S. Bankruptcy Appellate Panel Case No. 99-6036 District of Minnesota Bankruptcy Appellate Panel. Self-settled trust did not qualify as spendthrift trust under Minnesota law and was part of the bankrupt's estate. [ November 16, 1999 ]

982765U.pdf 11/16/99 Jeffrey Kissner v. MN Dept. of Corr. U.S. Court of Appeals Case No. 98-2765 District of Minnesota Habeas Corpus; section 2254; conviction for criminal vehicular homicide and criminal vehicular operation resulting in substantial bodily harm; sufficient evidence exists to uphold convictions; concurrent convictions did not violate Double Jeopardy. 991037U.pdf 11/16/99 Tara Davenport et al v. YMCA, et al. U.S. Court of Appeals Case No. 99-1037 District of South Dakota Civil Case; summary judgment affirmed on discrimination claims, Federal Tort Claims Act exclusive remedy for state law claims because defendant school is operated by Oglala Sioux Tribe and is part of the Bureau of Indian Affairs; dismissal appropriate. 992191P.pdf 11/16/99 United States v. Scott Phillip Flynn U.S. Court of Appeals Case No. 99-2191 District of Minnesota Criminal Case; convictions for wire fraud and securities fraud affirmed; evidence sufficient to convict; no abuse of discretion in court refusing a curative instruction after prosecutor's rebuttal closing argument regarding the defense's subpoena power; denial of motion for new trial relating to ex parte jury communications with district court was untimely. 992467U.pdf 11/16/99 Chris G. Alevras v. George E. Snyder U.S. Court of Appeals Case No. 99-2467 Eastern District of Arkansas Habeas petition; dismissal of motion under 28 U.S.C. sec. 2241 affirmed, as claim that the Bureau of Prisons illegally set amount and timing of restitution payments is a challenge to sentencing court's order and should be raised in sentencing court. [ November 15, 1999 ]

983758P.pdf 11/15/99 Rainy Lake One Stop v. Marigold Foods U.S. Court of Appeals Case No. 98-3758 District of Minnesota Civil case - antitrust. Court did not err in refusing to certify class of wholesale purchasers of milk products as plaintiff was neither a typical nor adequate class representative; plaintiff's individual claim was properly dismissed; no abuse of discretion in denying motion to amend complaint to add new plaintiffs. 984123P.pdf 11/15/99 Michael J. Armstrong v. James A. Gammon U.S. Court of Appeals Case No. 98-4123 Eastern District of Missouri Prisoner case - habeas. Evidence of serious physical injury was sufficient to support conviction for first degree assault, and counsel was not ineffective for failing to raise a challenge to the sufficiency of the evidence; claim that photo arrays were impermissibly suggestive rejected. 984124U.pdf 11/15/99 Julene H. Kistler v. Wal-Mart Stores, Inc U.S. Court of Appeals Case No. 98-4124 District of Minnesota Civil case - torts. District court decision that Wal-Mart was not plaintiff's decedent's employer affirmed without comment. 991535P.pdf 11/15/99 United States v. Leslie Fredrickson U.S. Court of Appeals Case No. 99-1535 District of Minnesota Criminal case - Sentencing Guidelines. In felon in possession case, no error in imposing four level enhancement for possession of firearm with reason to believe it would be used in connection with another felony offense. 991835P.pdf 11/15/99 Donald A. Barnum v. Wal-Mart Stores U.S. Court of Appeals Case No. 99-1835 District of Minnesota Civil case - torts. In slip-and-fall case, no error in rejecting plaintiff's proposed instruction setting forth terms of traffic regulation governing removal of snow from parking spaces, as the regulation was not applicable to the facts of this case. 992588U.pdf 11/15/99 Ben S. Garner v. Lynda Andrews U.S. Court of Appeals Case No. 99-2588 Eastern District of Arkansas Prisoner case - Prisoner civil rights. Dismissal of case for failure to exhaust administrative remedies affirmed without comment. [ November 12, 1999 ]

984189U.pdf 11/12/99 Charles E. Duchek v. Ethyl Corp. U.S. Court of Appeals Case No. 98-4189 Eastern District of Missouri Civil case - civil procedure. Once court found it lacked diversity jurisdiction, it should not have proceeded to dismiss certain claims before remanding case to state court. 991324U.pdf 11/12/99 United States v. Pedro Pagan U.S. Court of Appeals Case No. 99-1324 District of Nebraska Criminal case - Sentencing Guidelines. No error in assessing firearm enhancement or denying mitigating role reduction. 991462U.pdf 11/12/99 USA v. Dang Hai Le U.S. Court of Appeals Case No. 99-1462 District of Nebraska Criminal case - Sentencing Guidelines. No error in denying minor role reduction; no abuse of discretion in imposing restitution. 992130U.pdf 11/12/99 Rebecca F. Leonard v. Rolette County U.S. Court of Appeals Case No. 99-2130 District of North Dakota Civil case - civil rights. Plaintiff's claimed allergy to second-hand smoke did not constitute a disability under the ADA. [ November 10, 1999 ]

991005U.pdf 11/10/99 Jeld-Wen v. Dalco Industries U.S. Court of Appeals Case No. 99-1005 Eastern District of Missouri Civil case - Trademarks. Plaintiff failed to establish that its Trademark "Elite" had secondary meaning in the market for replacement vinyl windows. 991270P.pdf 11/10/99 Darrell Jenkins v. Kenneth Apfel U.S. Court of Appeals Case No. 99-1270 Western District of Missouri Civil case - Social Security. Evidence provided to the Appeals Council showed ALJ's residual-functional capacity finding was not supported by substantial evidence; vocational expert's testimony, which did not consider this evidence, did not establish claimant could perform substantial gainful activity; ALJ did not properly evaluate evidence regarding disabling pain. 991524P.pdf 11/10/99 Sandra K. Dunham v. George Wadley U.S. Court of Appeals Case No. 99-1524 Eastern District of Arkansas Civil case - civil rights. Arkansas statute regulating the practice veterinary medicine did not create a property interest; Veterinary Board members who ordered plaintiff to cease and desist the practice of veterinary medicine without an Arkansas license were entitled to absolute immunity as they acted in a quasi-judicial capacity in issuing the cease-and-desist letters. 991627P.pdf 11/10/99 Vera Sims v. Health Midwest U.S. Court of Appeals Case No. 99-1627 Western District of Missouri Civil case - civil rights. On vicarious liability claim in a sexual harassment action, district court erred in granting employer's motion for summary judgment because there was a genuine issue of material fact as to whether the person to whom plaintiff reported the incidents was her supervisor and whether the person's knowledge could be imputed to employer; summary judgment on negligence claim also reversed; summary judgment on retaliation claim affirmed as plaintiff failed to show complained-of actions had a materially adverse impact on her employment. 992065U.pdf 11/10/99 Rev. Harold Knight v. John B. Bissell etc. U.S. Court of Appeals Case No. 99-2065 Western District of Missouri Civil case - torts. Dismissal of action for failure to establish federal diversity jurisdiction affirmed without comment. [ November 09, 1999 ]

983242P.pdf 11/09/99 Joe Willie Reed v. Larry Norris U.S. Court of Appeals Case No. 98-3242 Eastern District of Arkansas Prisoner case - habeas. Given the overwhelming evidence of Reed's guilt, he could not establish prejudice from counsel's alleged ineffective assistance with respect to a Batson issue. 991371P.pdf 11/09/99 Ricky Belk v. SW Bell Telephone U.S. Court of Appeals Case No. 99-1371 Western District of Arkansas Civil case - civil rights. Employer was entitled to business necessity instruction in ADA case involving claim employer failed to offer a reasonable accommodation on a physical fitness test. 991464U.pdf 11/09/99 United States v. Lamont Gentry Falls U.S. Court of Appeals Case No. 99-1464 and No. 99-1466 Southern District of Iowa Criminal case - criminal law. Notice of appeal from order denying a Fed. R. Crim. P. 33 motion was untimely; appeal from such an order must be filed within 10 days of the order under FRAP 4(b)(1)(A)(i). 991601P.pdf 11/09/99 Albert Rankin v. Kenneth Apfel U.S. Court of Appeals Case No. 99-1601 District of South Dakota Civil case - Social Security. ALJ evaluation of subjective complaints of disabling pain was supported by the record. 991782U.pdf 11/09/99 Norma Bell v. Safeco Insurance Co. U.S. Court of Appeals Case No. 99-1782 District of Minnesota Civil case - Insurance law. Limitation of family liability coverage was not contrary to Minnesota public policy. 991946U.pdf 11/09/99 Rick Turman v. Case Corp. U.S. Court of Appeals Case No. 99-1946 Eastern District of Arkansas Civil case - contracts. Defendant's summary judgment in breach-of-warranty action affirmed without comment. 991951P.pdf 11/09/99 USA v. Michael D. Sanders U.S. Court of Appeals Case No. 99-1951 District of South Dakota Criminal case - criminal law. Officer had probable cause to make traffic stop based on defective taillight on trailer; officers could search abandoned property; no error in giving instruction telling jury traffic stop was valid. 992278U.pdf 11/09/99 Carl S. Turner v. Larry Norris U.S. Court of Appeals Case No. 99-2278 Eastern District of Arkansas Prisoner case - habeas. Challenge to state court judge's refusal to recuse rejected without comment. 992424U.pdf 11/09/99 Benjamin E Schreiber v. Sheryl Currier U.S. Court of Appeals Case No. 99-2424 Southern District of Iowa Civil case - civil rights. Claim that state court reporters failed to transcribe the entire record did not rise to the level of a violation of a federally protected right. 992835U.pdf 11/09/99 USA v. Peter Simone U.S. Court of Appeals Case No. 99-2835 Western District of Missouri Criminal case - Sentencing Guidelines. No abuse of discretion in sentence in revocation proceeding. [ November 08, 1999 ]

982718P.pdf 11/08/99 United States v. Ayite Ose Codjo U.S. Court of Appeals Case No. 98-2718 District of Nebraska Criminal case - criminal law. Evidence was sufficient to support counterfeiting convictions; claim of ineffective assistance of trial counsel should be brought in a Section 2255 motion. 983740P.pdf 11/08/99 Lee Xiong v. Metropolitan Council U.S. Court of Appeals Case No. 98-3740 District of Minnesota Civil case - civil procedure. When a district court remands a properly removed case on grounds the court lacks authority to consider, remand order can be reviewed by the court of appeals, and review is not barred by 28 U.S.C. Sec. 1447(d); remand order reversed because the federal court must retain control of the case to effectuate an earlier consent decree. 991988U.pdf 11/08/99 Avelar-Portillo v. INS U.S. Court of Appeals Case No. 99-1988 Civil case - Immigration. BIA did not abuse its discretion in denying motion to reopen deportation proceeding as the motion was time barred. 992678U.pdf 11/08/99 USA v. Pamela K. Robbins U.S. Court of Appeals Case No. 99-2678 District of Nebraska Criminal case - Sentencing Guidelines. Discretionary decision not to grant a downward departure was not reviewable as the court knew it had authority to depart. [ November 05, 1999 ]

972708U.pdf 11/05/99 Anthony P. Johnson v. United States U.S. Court of Appeals Case No. 97-2708 District of Minnesota Prisoner case - habeas. Denial of writ affirmed without comment. 982614U.pdf 11/05/99 David L. Childress v. Georgia-Pacific U.S. Court of Appeals Case No. 98-2614 Western District of Arkansas Civil case - civil rights. Employer's judgment in employment discrimination action affirmed without comment. 983663U.pdf 11/05/99 United States v. DeAndre Lewis U.S. Court of Appeals Case No. 98-3663 Eastern District of Missouri Criminal case - Sentencing Guidelines. Evidence established connection between firearms and drug offense and imposition of a two-level enhancement for possession of a firearm was not error. 983945U.pdf 11/05/99 Linda Booker v. IRS U.S. Court of Appeals Case No. 98-3945 Eastern District of Arkansas Civil case. Bivens action was time-barred . 991390U.pdf 11/05/99 Ruth Ebner v. Marvin T. Runyon U.S. Court of Appeals Case No. 99-1390 Eastern District of Missouri Civil case - civil rights. Order dismissing Title VII action for lack of subject matter jurisdiction affirmed without comment. 991403U.pdf 11/05/99 Barbara Ragle v. Beverly Enterprises U.S. Court of Appeals Case No. 99-1403 Eastern District of Missouri Civil case - torts. Under Missouri law, a mentally impaired individual is subject to the doctrine of comparative fault, and the jury was properly instructed on comparative fault in action involving accidental death of plaintiff's mentally impaired decedent; jury award was supported by the evidence. 992111U.pdf 11/05/99 United States v. Reed Edward Avey U.S. Court of Appeals Case No. 99-2111 Eastern District of Arkansas Criminal case - Sentencing Guidelines. Decision refusing to depart downward based on defendant's family ties and military record was unreviewable; defendant was not eligible for probation, based on his Guidelines range, and the court did not err in refusing to grant request for probation based on medical condition. 992677U.pdf 11/05/99 United States v. Charles V. Hyde U.S. Court of Appeals Case No. 99-2677 District of Nebraska Civil case - foreclosure. Government's default judgment affirmed without comment. [ November 04, 1999 ]

981446U.pdf 11/04/99 Julius Perry v. Marvin Runyon U.S. Court of Appeals Case No. 98-1446 Western District of Missouri Civil case - civil rights. Dismissal of claim alleging termination was retaliation for filing an EEO claim affirmed. 981947U.pdf 11/04/99 Mark A. Tracy v. George A. Lombardi U.S. Court of Appeals Case No. 98-1947 Western District of Missouri Prisoner case - prisoner civil rights. Summary judgment in favor of prison officials in excessive-force case affirmed without comment. 983292U.pdf 11/04/99 USA v. Kevin Savage U.S. Court of Appeals Case No. 98-3292 Eastern District of Missouri Criminal case - Sentencing Guidelines. No error in making drug conviction sentence consecutive to revocation sentence; no error in drug quantity calculation. 983911P.pdf 11/04/99 Steve Winkle v. SW Bell Telephone U.S. Court of Appeals Case No. 98-3911 Western District of Arkansas Civil case - civil rights. Plaintiff failed to prove a disability within the meaning of the ADA because he presented no evidence that a major life activity was impaired. 983952U.pdf 11/04/99 Joseph B. Campbell v. T. J. Sletten U.S. Court of Appeals Case No. 98-3952 District of Minnesota Civil case - civil rights. Officers had probable cause to arrest plaintiff for trespass and obstruction of legal process and were entitled to qualified immunity. 991809U.pdf 11/04/99 USA v. Hector Rios-Ramirez U.S. Court of Appeals Case No. 99-1809 District of Minnesota Criminal case - Criminal law. Evidence was sufficient to support drug convictions. 992318U.pdf 11/04/99 USA v. Thomas A. Birkel U.S. Court of Appeals Case No. 99-2318 District of Nebraska Criminal case - Sentencing Guidelines. District court's informed decision not to depart downward is unreviewable. [ November 03, 1999 ]

983444P.pdf 11/03/99 Jean McDaniel v. Medical Life Ins. U.S. Court of Appeals Case No. 98-3444 Eastern District of Missouri Civil case - ERISA. As a matter of law, an incontestability clause in an insurance policy does not bar an insurer's defense based on ineligibility; here, plaintiff's decedent did not work sufficient hours to be covered under policy. [ November 02, 1999 ]

984133P.pdf 11/02/99 USA v. Edmond X. Ramirez U.S. Court of Appeals Case No. 98-4133 District of Minnesota Criminal case - criminal law. Evidence was sufficient to establish scheme to fraudulently obtain money to build an electric car; district court erred in calculating the amount of the loss and case remanded for resentencing; restitution order must also be reduced. 991374P.pdf 11/02/99 Dorothy London v. Directors of the U.S. Court of Appeals Case No. 99-1374 Eastern District of Arkansas Civil case - civil rights. Physical force used by teacher during altercation with a student did not violate the student's civil rights; suspension and expulsion procedures did not violate the student's procedural due process rights. 992197P.pdf 11/02/99 Hobson Mould Works v. Douglas C. Madsen U.S. Court of Appeals Case No. 99-2197 Northern District of Iowa Civil case - bankruptcy. State court judgment and principle of collateral estoppel precluded debtors from re-litigating issue of whether the judgment debt for misappropriation of trade secrets was willful and malicious under section 532(a)(6) of the bankruptcy code; judgment debt for misappropriation was not dischargeable. 996049P.pdf 11/02/99 Dale Alan LaBarge v. Kevin Lynn Vierkant U.S. Court of Appeals Case No. 99-6049 District of Minnesota Bankruptcy Appellate Panel. State court default judgment was entered in violation of the automatic stay and therefore is void; court erred in giving this void judgment collateral estoppel effect in adversary proceeding. [ November 01, 1999 ]

991347U.pdf 11/01/99 Alfredo Perez Pena v. Red Wing Shoe Co. U.S. Court of Appeals Case No. 99-1347 District of Minnesota Civil case; employment discrimination; dismissal of claim affirmed without comment. 991364U.pdf 11/01/99 Len Edwin Davis v. Larry Norris U.S. Court of Appeals Case No. 99-1364 Eastern District of Arkansas Civil case; civil rights action; disagreement with dental treatment is not deliberate indifference and not a constitutional violation. 991560U.pdf 11/01/99 Francis J. Pumper v. Paul Bartz, etc. U.S. Court of Appeals Case No. 99-1560 District of Minnesota Civil case; civil rights action; summary judgment affirmed without comment. 991615P.pdf 11/01/99 Gail E. Ming v. GM Corp. U.S. Court of Appeals Case No. 99-1615 Eastern District of Missouri Civil case; personal injury; action dismissed for lack of jurisdiction because employee was a statutory employee and workers compensation was exclusive remedy; dissent challenges finding of statutory employee. 991989U.pdf 11/01/99 Karen C. Charland v. Little Six, Inc. U.S. Court of Appeals Case No. 99-1989 District of Minnesota Civil case; employment discrimination action against Indian tribe; dismissal for lack of subject matter jurisdiction is affirmed as Indian tribe is exempt from definition of employer under ADA and Title VII. 992015U.pdf 11/01/99 Bryant Young v. Cincinnati, Inc. U.S. Court of Appeals Case No. 99-2015 Eastern District of Arkansas Civil case; judgment affirmed without comment; no abuse of discretion in evidentiary rulings.