Friday, August 02, 2013

Very Short Form -- Friday

Second Circuit:

USA v. Hardy - Medication of prisoner for competency / protection of other prisoners.

Third Circuit:

Cheryl Harris v. Kellogg Brown & Root Services
William Hayes v. WalMart Stores Inc

Sixth Circuit:

Daniel Greenberg v. Procter & Gamble Compan

Seventh Circuit:

Terrence Barber v.   City of Chicago
Kirk Chrzanowski v.   Louis Bianchi
Kurtis B. v.   James Kopp
Brandon Stollings v.   Ryobi Technologies, Inc
KM Enterprises Incorporated v.   Global Traffic Technologies
Citizens Health Corporation v.   Kathleen Sebelius
Gary E. Peel v.   Deborah Peel

Eighth Circuit (From site):

122790P.pdf   08/02/2013  Jarek Charvat  v.  Mutual First Fed. Credit Union
   U.S. Court of Appeals Case No:  12-2790
                          and No:  12-2797
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Melloy, 
   Circuit Judge] 
   Civil case - Electronic Fund Transfer Act. In action alleging defendants 
   violated the Act by failing to have an exterior fee notice posted on or at 
   their ATM machines, the district court erred in finding plaintiff did not 
   have standing because he did not have an injury in fact; assuming without 
   deciding that plaintiff waived the claim that the $2.00 fee he was charged 
   constituted an injury in fact, plaintiff still had standing to pursue his 
   claim against the defendants based on the informational injury he 
   allegedly sustained because of the failure to post the notice; once he 
   alleged a violation of the notice provisions of the Act in connection with 
   his ATM transactions, plaintiff had standing to claim damages; further, 
   the injury was fairly traceable to defendants' conduct. 
122893P.pdf   08/02/2013  United States  v.  Alvin Clay
   U.S. Court of Appeals Case No:  12-2893
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] 
   Prisoner case - habeas. Assuming, without deciding that the Government 
   used perjured testimony in obtaining Clay's conviction and knew or should 
   have know it was perjured, his allegation of error is an allegation of a 
   trial error and not a structural error and must be evaluated under the 
   harmless-error standard; applying the harmless-error standard, the claimed 
   false testimony could not have actually prejudiced the jury's verdict in 
   light of the overall strength of the government's case and the fact that 
   the witness was thoroughly impeached at trial 
122946P.pdf   08/02/2013  Minnesota Voters Alliance  v.  Mark Ritchie
   U.S. Court of Appeals Case No:  12-2946
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Wollman, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - Civil rights. In a Section 1983 action challenging the 
   process by which Minnesota election officials confirm the eligibility of 
   voters who register on election day and a provision of the Minnesota 
   Constitution denying the right of persons under guardianship to vote, the 
   district court did not err in finding that plaintiffs failed to state a 
   claim under Section 1983 with respect to their registration issues as 
   their allegations did not raise any of the aggravating factors this court 
   identified in Pettengill v. Putnam County R-1 School District, 472 F.2d 
   121 (8th Cir. 1973), any discriminatory or other intentional misconduct or 
   any defect that would cause Minnesota's system to be fundamentally unfair; 
   with respect to the guardianship claims, plaintiffs failed to show they 
   had standing to raise them as they failed to allege that any plaintiff had 
   been denied the right vote under the provision. 
131134P.pdf   08/02/2013  David Johnson, Jr.  v.  County of Douglas, NE
   U.S. Court of Appeals Case No:  13-1134
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] 
   Civil case - Civil rights. In an action to impose municipal liability 
   under Section 1983 after a jail operated by the County failed to provide 
   plaintiff with his anti-seizure medication, plaintiff failed to present 
   evidence of a continuing, widespread, persistent pattern of 
   unconstitutional misconduct; while plaintiff made multiple requests for 
   the medication, all of the requests were within the space of a few hours, 
   and there was no evidence to suggest that policy making officials would 
   have received notice of the incidents and made a deliberate decision to 
   ignore or tacitly authorize denial of the medications. 

Ninth Circuit:


Tenth Circuit:

Brown v. Eppler
United States v. Esquivel-Rios

DC Circuit:

Ralph Nader v. Federal Election Commission
American Trucking Associations v. FMCSA

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.