8th Circuit Case Commentaries

Affirmation of Qualified Immunity in Eighth Amendment Failure-to-Protect Claims

Date: Aug 1, 2020

Affirmation of Qualified Immunity in Eighth Amendment Failure-to-Protect Claims Introduction In the landmark case of James Vandevender v. Captain Walter Sass, et al., 970 F.3d 972 (8th Cir. 2020),...

Refining the Standard for CAT Deferral: Insights from Sobura Juma Lasu v. Barr

Date: Aug 1, 2020

Refining the Standard for CAT Deferral: Insights from Sobura Juma Lasu v. William P. Barr Introduction The case of Sobura Juma Lasu v. William P. Barr addresses critical aspects of immigration law,...

Proxy Voting Prohibition Uphheld in Schlafly v. Eagle Forum

Date: Jul 30, 2020

Proxy Voting Prohibition Upheld in Schlafly v. Eagle Forum Introduction The case of Andrew Layton Schlafly, in his official capacity as both a Director and Member of the Eagle Forum versus Eagle...

Eighth Circuit Reverses Injunction on Arkansas Initiative Petition Rules, Upholding In-Person Signature Requirements

Date: Jul 24, 2020

Eighth Circuit Reverses Injunction on Arkansas Initiative Petition Rules, Upholding In-Person Signature Requirements Introduction In the case of Bonnie Heather Miller; Robert William Allen; Adella...

Limitations on Attorney-Client Privilege in True Threats: Insights from United States of America v. Robert Phillip Ivers

Date: Jul 24, 2020

Limitations on Attorney-Client Privilege in True Threats: Insights from United States of America v. Robert Phillip Ivers Introduction The case of United States of America Plaintiff - Appellee v....

Affirmation of District Court’s Denial of §2255 Motion Highlights High Bar for Ineffective Assistance Claims

Date: Jul 21, 2020

Affirmation of District Court’s Denial of §2255 Motion Highlights High Bar for Ineffective Assistance Claims Introduction The case of Damon O'Neil v. United States of America, adjudicated by the...

Limits of Compassionate Release Post-First Step Act: United States v. Rodd

Date: Jul 17, 2020

Limits of Compassionate Release Post-First Step Act: United States v. Rodd Introduction In the landmark case United States v. Rodd, the United States Court of Appeals for the Eighth Circuit addressed...

Eighth Circuit Upholds Conviction: Private Party Searches by ESPs Do Not Constitute Government Action Under Fourth Amendment

Date: Jul 17, 2020

Eighth Circuit Upholds Conviction: Private Party Searches by ESPs Do Not Constitute Government Action Under Fourth Amendment Introduction In United States of America v. Mark Ringland, 966 F.3d 731...

Affirmation of Conviction and Sentencing in Federal Drug Trafficking and Firearms Offenses: United States v. Owens

Date: Jul 16, 2020

Affirmation of Conviction and Sentencing in Federal Drug Trafficking and Firearms Offenses: United States v. Owens Introduction The case of United States of America v. Lamont E. Owens, 966 F.3d 700...

Affirmation of ALJ's Evaluation Standards in Social Security Disability Claims

Date: Jul 14, 2020

Affirmation of ALJ's Evaluation Standards in Social Security Disability Claims Introduction In the case of Jennifer Adamczyk v. Andrew Saul, Commissioner, Social Security Administration, the United...

Substantial Evidence Standard Affirmed in Disability Benefits Denial

Date: Jul 10, 2020

Substantial Evidence Standard Affirmed in Disability Benefits Denial Introduction The case of Thomas Hilliard v. Andrew Saul, Commissioner, Social Security Administration (964 F.3d 759) adjudicated...

Comprehensive Record Development and Substantial Evidence in Residual Functional Capacity Determinations: Noerper v. Saul

Date: Jul 9, 2020

Comprehensive Record Development and Substantial Evidence in Residual Functional Capacity Determinations: Noerper v. Saul Introduction In the landmark case of Angela Noerper v. Andrew Saul,...

Limits on Judicial Review for Criminal Aliens: Sharif v. Barr Establishes Jurisdictional Boundaries for Motions to Reopen

Date: Jul 8, 2020

Limits on Judicial Review for Criminal Aliens: Sharif v. Barr Establishes Jurisdictional Boundaries for Motions to Reopen Introduction Bashir Mohamed Sharif v. William P. Barr, Attorney General of...

ADA Protections Reinforced in Prison Privilege Disputes: Rinehart v. Weitzell et al.

Date: Jul 3, 2020

ADA Protections Reinforced in Prison Privilege Disputes: Rinehart v. Weitzell et al. Introduction In the landmark case of Rinehart v. Weitzell et al., the United States Court of Appeals for the...

Eighth Circuit Upholds Qualified Immunity for Law Enforcement in False Arrest and Due Process §1983 Claims

Date: Jul 3, 2020

Eighth Circuit Upholds Qualified Immunity for Law Enforcement in False Arrest and Due Process §1983 Claims Introduction In the case of Kiman Jay Kingsley Plaintiff - Appellant v. Lawrence County,...

Affirming Summary Judgment in RIF-Related Gender and FMLA Discrimination Case: Button v. CP Railway

Date: Jul 1, 2020

Affirming Summary Judgment in RIF-Related Gender and FMLA Discrimination Case: Button v. CP Railway Introduction In the case of Rhonda Button Plaintiff - Appellant v. Dakota, Minnesota & Eastern...

Absolute Immunity of Prosecutors in Charging Decisions: Stockley v. Joyce

Date: Jun 30, 2020

Absolute Immunity of Prosecutors in Charging Decisions: Stockley v. Joyce Introduction In Jason Stockley Plaintiff - Appellant v. Jennifer M. Joyce, in her individual and official capacity as former...

Reinforcing the Standards for Retaliation and Discrimination Claims under 42 U.S.C. § 1981: Insights from Williams v. United Parcel Service

Date: Jun 30, 2020

Reinforcing the Standards for Retaliation and Discrimination Claims under 42 U.S.C. § 1981: Insights from Williams v. United Parcel Service Introduction Cedric E. Williams v. United Parcel Service,...

Affirmation of District Court's Habeas Corpus Denial in Stephen v. Smith: Upholding Due Process and Procedural Standards

Date: Jun 27, 2020

Affirmation of District Court's Habeas Corpus Denial in Stephen v. Smith: Upholding Due Process and Procedural Standards Introduction In the case of Joseph Michael Stephen v. Cornell Smith,...

Eighth Circuit Establishes Ambiguity Interpretation Favoring Policyholders: Vogt v. State Farm

Date: Jun 27, 2020

Ambiguity Interpretation Favoring Policyholders: Insights from Vogt v. State Farm Introduction The case of Michael G. Vogt Plaintiff - Appellee v. State Farm Life Insurance Company Defendant -...