[ 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.