Eighth Circuit Tag

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Posted 28 Apr 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:NinthCircuit First Circuit Third Circuit
  • Hallsey v. Pheiffer, No. 13-1549 (Apr. 24, 2014) (reversing district court's summary judgment for officers on fabrication, malicious prosecution, and coercion claims, in case arising out of suit brought by individual wrongly imprisoned for 22 years).

Posted 14 Apr 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:prison Third Circuit
  • Thomas v. Cumberland County, No. 12-3959 (Apr. 11, 2014) (in suit alleging that the County failed to properly train officers to prevent attack by other inmates, vacating the district court's order of summary judgment for the County because a reasonable jury could find that the County acted with deliberate indifference).
Sixth Circuit Seventh Circuit

Posted 31 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:FedPrac First Circuit Fifth Circuit

Posted 17 Mar 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:Alexandria-court First Circuit Second Circuit

Posted 10 Feb 2014 in Monday Morning Review
Here are last week's published decisions involving local governments:SCT pillars Second Circuit Sixth Circuit Seventh Circuit

Posted 23 Dec 2013 in Monday Morning Review
Here are published decisions involving local governments from the federal appellate courts from December 16, 2013, through December 20, 2013: Sixth Circuit Seventh Circuit Eighth Circuit

Posted 25 Sep 2013 in IMLA Briefs
When is it appropriate for a federal court to decide a case that is pending in state court?Supreme Court On the Supreme Court’s docket is a case that addresses this very issue, giving the Court the chance to once again ponder the limits of the Younger abstention doctrine. That case, on appeal from the Eighth Circuit, is Sprint Communs. Co., L.P. v. Jacobs, Case No. 12-815. At issue is whether Younger abstention applies only when the underlying state proceeding is “coercive” or whether it is sometimes appropriate for federal courts to abstain from hearing cases that are “remedial” in nature.  Many cases dealing with Younger abstention have turned on that distinction. But the difference between “coercive” and “remedial” proceedings, and the way courts classify cases as one or the other, is anything but clear-cut.  Indeed, the distinction could turn on whether the government or a private party initiated the action, as “coercive” proceedings are typically described as those that are criminal or quasi-criminal in nature.

Posted 16 Sep 2013 in Case Notes
[caption id="attachment_107" align="alignright" width="199"]8th Circuit: Park did not adequately justify the need to limit literature distribution 8th Circuit: Park did not adequately justify the need to limit literature distribution[/caption] An evangelical Christian, Brian Johnson, sought to distribute Bibles at a gay-pride festival in a public park. The park board would not allow it. It had adopted a policy limiting literature distribution to confined areas, due to security concerns and the festival’s size. Johnson claimed the policy violated the First Amendment, and sought an injunction barring its enforcement. In a 2-1 decision released Wednesday, Johnson v. Minneapolis Park and Recreation Bd., the Eighth Circuit ruled that Johnson would likely prevail on his claim.

Posted 10 Sep 2013 in Case Notes
[caption id="attachment_79" align="alignright" width="300"]Local government regulation of immigration through housing ordinances has divided the courts. Local government regulation of immigration through housing ordinances has divided the courts.[/caption] Can a local government prohibit the leasing of housing to persons who entered the United States illegally? Since June, three federal courts of appeals have tackled that difficult question—and reached different results. The decisions present a range of perspectives on whether local housing ordinances “conflict” with federal law or intrude upon a “field” reserved to the federal government. They highlight the uncertain contours of the preemption doctrine—and demonstrate the risk facing any local government that regulates in this space.