8th Circuit Case Commentaries

FTCA Precedent: TSA Officers Classified as Law Enforcement, Expanding Sovereign Liability

Date: Sep 1, 2020

FTCA Precedent: TSA Officers Classified as Law Enforcement, Expanding Sovereign Liability Introduction In the case of Brian Iverson v. United States of America; Transportation Security Administration...

Qualified Immunity in Sanitary Prison Conditions: Eighth Circuit Establishes New Precedent

Date: Aug 29, 2020

Qualified Immunity in Sanitary Prison Conditions: Eighth Circuit Establishes New Precedent Introduction The case of Sam Edward Thurmond, Sr. et al. v. Faulkner County et al. (972 F.3d 1007)...

Limits on Judicial Review of Nunc pro Tunc Adjustment of Status: Eighth Circuit Affirms Denial in Absence of Agency Error

Date: Aug 29, 2020

Limits on Judicial Review of Nunc pro Tunc Adjustment of Status: Eighth Circuit Affirms Denial in Absence of Agency Error Introduction The case of Orwa Ali Al-Saadoon and Farok Abdulmajid Hamod v....

Affirmation of Duty of Care Standards in Private University Disciplinary Proceedings: Doe v. University of St. Thomas

Date: Aug 29, 2020

Affirmation of Duty of Care Standards in Private University Disciplinary Proceedings: Doe v. University of St. Thomas Introduction In Doe v. University of St. Thomas (972 F.3d 1014), the United...

Affirmation of District Courts' Jurisdiction for First Appearances Across Counties Under Arkansas Law – Green v. Helena-West Helena

Date: Aug 28, 2020

Affirmation of District Courts' Jurisdiction for First Appearances Across Counties Under Arkansas Law – Green v. Helena-West Helena Introduction Case: Pamela Green, Personal Representative of the...

Standard of Review under ERISA: McIntyre v. Reliance Standard Life Insurance Co. Sets New Precedent

Date: Aug 26, 2020

Standard of Review under ERISA: McIntyre v. Reliance Standard Life Insurance Co. Sets New Precedent Introduction In the notable case of Melissa A. McIntyre v. Reliance Standard Life Insurance Company...

Affirmation of Plain-View Doctrine Application in Firearm Seizure by Law Enforcement

Date: Aug 22, 2020

Affirmation of Plain-View Doctrine Application in Firearm Seizure by Law Enforcement Introduction The case of United States of America Plaintiff - Appellee v. Jonathan Figueroa-Serrano Defendant -...

Application of the First Step Act §404 in Sentencing Modifications: United States v. Meeks

Date: Aug 22, 2020

Application of the First Step Act §404 in Sentencing Modifications: United States v. Meeks Introduction In the appellate case United States of America v. Lloyd D. Meeks, the United States Court of...

Affirmation of Summary Judgment in Gonzalez v. Bendt Establishes Limitations on First Amendment Retaliation Claims in Federal Prisons

Date: Aug 20, 2020

Affirmation of Summary Judgment in Gonzalez v. Bendt Establishes Limitations on First Amendment Retaliation Claims in Federal Prisons Introduction In the case of Guadalupe Gonzalez Plaintiff -...

Affirmation of Qualified Immunity in Excessive Force Claims: McManemy v. Butler County

Date: Aug 18, 2020

Affirmation of Qualified Immunity in Excessive Force Claims: McManemy v. Butler County Introduction Charles McManemy, Plaintiff-Appellant v. Multiple Defendants, 970 F.3d 1034 (8th Cir. 2020), is a...

Batson Compliance and Evidentiary Sufficiency in United States v. Marlon Iron Crow

Date: Aug 15, 2020

Batson Compliance and Evidentiary Sufficiency in United States v. Marlon Iron Crow Introduction United States of America v. Marlon Iron Crow (970 F.3d 1003) is a significant appellate case decided by...

Authorized Disclosure Under Software Licensing Agreements: Eighth Circuit's Ruling in MPAY Inc. v. Erie Custom Computer Applications, Inc.

Date: Aug 15, 2020

Authorized Disclosure Under Software Licensing Agreements: Eighth Circuit's Ruling in MPAY Inc. v. Erie Custom Computer Applications, Inc. Introduction MPAY Inc., a Massachusetts-based corporation...

Limitation of Particular Social Group Claims in Asylum: Analysis of Fuentes v. Barr

Date: Aug 13, 2020

Limitation of Particular Social Group Claims in Asylum: Analysis of Fuentes v. Barr Introduction The case of Enmanuel Isaac Rodriguez Fuentes Petitioner Fatima Rodriguez Fuentes Petitioner v. William...

Affirmation of Rape Shield Protections in Sixth Amendment Confrontation Rights

Date: Aug 12, 2020

Affirmation of Rape Shield Protections in Sixth Amendment Confrontation Rights Introduction The case of Johnny Sittner Petitioner - Appellant v. Michael Bowersox Respondent - Appellee (969 F.3d 846)...

Constructive Possession of Firearms by Felons: Insights from United States v. Caudle

Date: Aug 8, 2020

Constructive Possession of Firearms by Felons: Insights from United States v. Caudle Introduction In the case of United States of America v. Timothy Earl Caudle, 968 F.3d 916 (8th Cir. 2020), the...

Miranda Implications in Consensual Searches: United States v. Tapia-Rodriguez

Date: Aug 7, 2020

Miranda Implications in Consensual Searches: United States v. Tapia-Rodriguez Introduction In United States v. Tapia-Rodriguez, the United States Court of Appeals for the Eighth Circuit addressed...

Affirmation of Qualified Immunity Standards in Excessive Force Claims: Analysis of Kohorst v. Smith & Stoler

Date: Aug 7, 2020

Affirmation of Qualified Immunity Standards in Excessive Force Claims: Analysis of Kohorst v. Smith & Stoler Introduction The case of Brett August Kohorst v. Thomas J. Smith and Steven Stoler,...

8th Circuit Clarifies Qualified Immunity in Cases of Deliberate Indifference to Pretrial Detainee's Medical Needs

Date: Aug 5, 2020

8th Circuit Clarifies Qualified Immunity in Cases of Deliberate Indifference to Pretrial Detainee's Medical Needs Introduction The case of David Ivey v. Audrain County presents a significant...

Reverse Ballot Ordering in Minnesota: Upholding Section 204D.13(2)

Date: Aug 1, 2020

Reverse Ballot Ordering in Minnesota: Upholding Section 204D.13(2) Introduction In the case of Madeline Pavek et al. v. Steve Simon et al., adjudicated by the United States Court of Appeals for the...

Substantial Evidence Upholds SSA’s Denial of Disability Benefits in Lawrence v. Saul

Date: Aug 1, 2020

Substantial Evidence Upholds SSA’s Denial of Disability Benefits in Lawrence v. Saul Introduction The case of Jeanie Lawrence Plaintiff - Appellant v. Andrew Saul, Commissioner, Social Security...