8th Circuit Case Commentaries

Qualified Immunity Affirmed in Detention Transfer Case: Adams v. Perry

Date: Apr 6, 2021

Qualified Immunity Affirmed in Detention Transfer Case: Adams v. Perry Introduction The case of Cecilia Perry, Plaintiff Ad Litem for Christina Brooks, Next of Friend for D.B, D.B, D.B and D.B...

Clarifying Fourth Amendment Seizure Standards: "Stay Here" Does Not Constitute Custody for Miranda Rights

Date: Apr 6, 2021

Clarifying Fourth Amendment Seizure Standards: "Stay Here" Does Not Constitute Custody for Miranda Rights Introduction In the case of United States of America v. Richard Leroy Parker (993 F.3d 595),...

Affirmation of Reasonable Suspicion in Traffic Stops Based on NCIC Database Reliability

Date: Apr 3, 2021

Affirmation of Reasonable Suspicion in Traffic Stops Based on NCIC Database Reliability Introduction In the case of United States of America vs. Anthony James Hanel and Courtney Laparele Clark (993...

Deliberate Indifference under Title IX: Shank v. Carleton College

Date: Apr 3, 2021

Deliberate Indifference under Title IX: Shank v. Carleton College (993 F.3d 567) Introduction The case of Elizabeth M. Shank v. Carleton College (993 F.3d 567) addresses significant issues...

Flores-Lagonas v. United States: Affirmation of Fourth Amendment Protections and Speedy Trial Rights

Date: Apr 3, 2021

Flores-Lagonas v. United States: Affirmation of Fourth Amendment Protections and Speedy Trial Rights Introduction In the case of United States of America Plaintiff - Appellee v. Adan Margritos...

Enhanced Standards for Compassionate Release: Insights from United States v. Benjamin Matthew Logan

Date: Apr 2, 2021

Enhanced Standards for Compassionate Release: Insights from United States v. Benjamin Matthew Logan A Comprehensive Commentary on 532 F. Supp. 3d 725 Introduction United States of America v. Benjamin...

Affirming Probable Cause and Consent in Traffic Stop and Vehicle Search: United States v. Cox

Date: Mar 31, 2021

Affirming Probable Cause and Consent in Traffic Stop and Vehicle Search: United States v. Cox Introduction United States of America Plaintiff - Appellee v. Stephen Mark Cox Defendant - Appellant is a...

Affirmation of the Eighth Circuit on Missouri's Meat Misrepresentation Statute: Implications for Commercial Speech

Date: Mar 30, 2021

Affirmation of the Eighth Circuit on Missouri's Meat Misrepresentation Statute: Implications for Commercial Speech Introduction In the case of Turtle Island Foods, SPC d/b/a The Tofurky Company; The...

Affirmation of Involuntary Manslaughter Conviction and Upward Departure in DUI Case

Date: Mar 27, 2021

Affirmation of Involuntary Manslaughter Conviction and Upward Departure in DUI Case Introduction The case of United States of America Plaintiff - Appellee v. Daniel Brown Defendant - Appellant (992...

Affirmation of Content-Neutral Special Events Policy Upholding First Amendment Rights

Date: Mar 19, 2021

Affirmation of Content-Neutral Special Events Policy Upholding First Amendment Rights Introduction The case of Cory Sessler Plaintiff - Appellant v. City of Davenport, Iowa; Greg Behning, et al....

Transferability of Vocational Skills in Social Security Disability Claims: Swedberg v. SSA

Date: Mar 17, 2021

Transferability of Vocational Skills in Social Security Disability Claims: Swedberg v. SSA Introduction In the case of Kathy Swedberg v. Andrew Saul, Commissioner, Social Security Administration (991...

Eighth Circuit Clarifies Compassionate Release Standards: No Mandatory Hearing Under 18 U.S.C. § 3582(c)(1)(A)

Date: Mar 16, 2021

Eighth Circuit Clarifies Compassionate Release Standards: No Mandatory Hearing Under 18 U.S.C. § 3582(c)(1)(A) Introduction In the case of United States of America v. Nkajlo Vangh (990 F.3d 1138),...

Exclusion of Court Congestion-Induced Delays Under the Speedy Trial Act: United States v. Johnson

Date: Mar 10, 2021

Exclusion of Court Congestion-Induced Delays Under the Speedy Trial Act: United States v. Johnson Introduction United States of America Plaintiff - Appellee v. Rene L. Johnson Defendant - Appellant...

Affirmation of Summary Judgment in Lopez v. Whirlpool: Reinforcing Standards for Hostile Work Environment Claims

Date: Mar 5, 2021

Affirmation of Summary Judgment in Lopez v. Whirlpool: Reinforcing Standards for Hostile Work Environment Claims Introduction The case of Heather Lopez v. Whirlpool Corporation (989 F.3d 656)...

The Eighth Circuit Upholds Summary Judgment in Turner v. XTO Energy: Implications for Breach of Contract and Conversion Claims in the Oil and Gas Industry

Date: Feb 26, 2021

The Eighth Circuit Upholds Summary Judgment in Turner v. XTO Energy: Implications for Breach of Contract and Conversion Claims in the Oil and Gas Industry Introduction The case of J. B. Turner...

Eighth Circuit Clarifies Standards for Conditions of Confinement Claims in Civil Commitment Cases – Ke v. Scott Karsjens; Da

Date: Feb 25, 2021

Eighth Circuit Clarifies Standards for Conditions of Confinement Claims in Civil Commitment Cases – Ke v. Scott Karsjens; Da Introduction In the landmark case Ke v. Scott Karsjens; Da, 988 F.3d 1047...

Kraus v. Saul: Establishing Rigorous Standards for Weighing Medical Opinions in Disability Claims

Date: Feb 20, 2021

Kraus v. Saul: Establishing Rigorous Standards for Weighing Medical Opinions in Disability Claims Introduction In the landmark case of Amber L. Kraus v. Andrew Saul, Commissioner of Social Security...

Eighth Circuit Upholds Missouri's Three-Tier Liquor Distribution System Against Commerce and Privileges & Immunities Challenges

Date: Feb 17, 2021

Eighth Circuit Upholds Missouri's Three-Tier Liquor Distribution System Against Commerce and Privileges & Immunities Challenges Introduction In the case of Sarasota Wine Market, LLC, et al. v. Eric...

Defining Protected Activity Under Title IX: Du Bois v. Board of Regents

Date: Feb 17, 2021

Defining Protected Activity Under Title IX: Du Bois v. Board of Regents Introduction The case of Paige Du Bois v. The Board of Regents of the University of Minnesota revolves around allegations of...

Mootness and Jurisdiction: Eighth Circuit Dismisses South Dakota Ballot Petition Circulation Law Appeals

Date: Feb 17, 2021

Mootness and Jurisdiction: Eighth Circuit Dismisses South Dakota Ballot Petition Circulation Law Appeals Introduction In the appellate case of SD VOICE; Cory Heidelberger Plaintiffs - Appellees v....