Summaries Friday

Shooting for a proper list of summarized opinions for today and tomorrow, posted tomorrow.  

MB

Very short form: First half of this week

Back to normal service in the days to come, I hope -- but, for now, here's the list.  Not all links are underlined / different color.

-MB

First Circuit:

2013/08/06	10-2054U.01A	10-2054	US v. Austin     District of Massachusetts, Boston
2013/08/07	10-1687P.01A	10-1687	US v. Santos-Rivera     District Court of Puerto Rico, San Juan
2013/08/07	10-1687P.01A	10-1931	US v. Carrasquillo-Ocasio     District Court of Puerto Rico, San Juan
2013/08/07	10-1687P.01A	10-2155	US v. Diaz-Correa     District Court of Puerto Rico, San Juan
2013/08/07	11-2241P.01A	11-2241	Municipality of Mayaguez v. Corporacion Para El Desarrollo     District Court of Puerto Rico, San Juan
2013/08/07	12-1572P.01A	12-1572	Fidelity Co-operative Bank v. Nova Casualty Company     District Court of MA, Worcester
2013/08/07	12-1572P.01A	12-2150	Fidelity Co-operative Bank v. Nova Casualty Company     District Court of MA, Worcester

Second Circuit:

12-3720-cr

United States v. DiCristina

08-06-2013

OPN

11-4109-cv

Fed. Treasury Enter. v. SPI Spirits Ltd.

08-05-2013

OPN

12-4565

Dejesus v. HF Management Services, LLC

08-05-2013

OPN

DiCristina --  Online gambling / statutory interpretation (exhaustive/non-exhaustive definitions), there's a related post at Volokh.
SPI -- Trademark, Lanham Act
Dejesus -- FLSA claim not stated due to pleading defects.  Extensive dicta as to definition of "employee" under the Act.

Third Circuit:

Filed 08/07/13, No. 12-1581
Connie Edmonson v. Lincoln National Life Insuranc
USDC for the Eastern District of Pennsylvania

Filed 08/06/13, No. 12-1516
USA v. Durrell Smith
USDC for the District of New Jersey

Filed 08/06/13, No. 12-1288
Litgo New Jersey Inc v. Comm NJ Dept Env Protection
USDC for the District of New Jersey

Filed 08/05/13, No. 12-2653
USA v. Percy Dillon
USDC for the Western District of Pennsylvania

Filed 08/05/13, No. 11-2067
B.H. v. Easton Area School Dist
USDC for the Eastern District of Pennsylvania

Fourth Circuit:

124266.P US v. James Lespier (King 08/06/2013) 
Published opinion after argument: Affirmed 
Criminal (WDNC Reidinger) 

121103.P Kenneth Ackerman v. ExxonMobil Corporation (Traxler 08/07/2013) 
Published opinion after argument: Affirmed 
Civil Private (DMD Quarles) 

121980.P Roxana Santos v. Frederick County Board of Commissioners (Wynn 08/07/2013) 
Published opinion after argument: Affirmed in part, vacated in part, and remanded 
Civil Private (DMD Legg) 

Fifth Circuit:

12-20716	8/6/2013	Anadarko Petroleum Corporation v. Williams Alaska
12-60648	8/5/2013	Acceptance Loan Company, Inc. v. S. White Transpor

Sixth Circuit:

13a0204p.06	12-1283	2013/08/05	Suzanne Kolley v. Adult Protective Services     Eastern District of Michigan at Flint
13a0205p.06	11-4234	2013/08/05	Julia Shearson v. Eric Holder, Jr.     Northern District of Ohio at Cleveland
13a0206p.06	12-6216	2013/08/05	Kimberly Frazier v. Life Insurance Company of North America     Western District of Kentucky at Louisville
13a0207p.06	12-3284	2013/08/05	Miami Valley Fair Housing Center v. The Connor Group     Southern District of Ohio at Dayton
13a0207p.06	12-3314	2013/08/05	Miami Valley Fair Housing Center v. The Connor Group     Southern District of Ohio at Dayton
13a0208p.06	12-6204	2013/08/06	USA v. Christopher Yancy     Western District of Tennessee at Memphis
13a0209p.06	12-5319	2013/08/06	Margaret Boaz v. FedEx Cust. Information Svc.     Western District of Tennessee at Memphis
13a0210p.06	12-5477	2013/08/07	USA v. Jerry Nelson, Jr.     Middle District of Tennessee at Nashville
13a0211p.06	12-5835	2013/08/07	Everett Srouder v. Dana Light Axle Manufacturing,     Eastern District of Kentucky at Covington

Seventh Circuit:

12-3736	Anthony Abbott v.   Lockheed Martin Corporation	civil	08/07/2013	Final  Opinion	Wood
13-1054	Philip Crosby v.   Cooper B-Line, Incorporated	civil	08/07/2013	Final  Opinion	Wood
12-2372	Dimitrios Papazoglou v.   Eric Holder, Jr.	agency	08/06/2013	Final  Opinion	Rovner
11-1501	Norman Bernstein v.   Patricia Bankert	civil	08/05/2013	Order Correcting  Opinion	PerCuriam
11-1523	Norman Bernstein v.   Auto Owners Mutual Insurance C	civil	08/05/2013	Order Correcting  Opinion	PerCuriam
11-3449	Minor Scott, III v.   Chuhak & Tecson, PC	civil	08/05/2013	Final  Opinion	Tinder
12-3611	Vladislav Margulis v.   Eric Holder, Jr.	agency	08/05/2013	Final  Opinion	Posner

Eighth Circuit:

  
122643P.pdf   08/05/2013  United States  v.  Edward Jefferson
   U.S. Court of Appeals Case No:  12-2643
   U.S. District Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit 
   Judges] 
   Criminal case - Criminal law and Sentencing. Evidence was sufficient to 
   support defendant's conviction on drug conspiracy and communications 
   charges; no error in calculating drug quantity; sentence was not 
   substantively unreasonable; challenge to jury composition rejected; there 
   was no constructive amendment of the indictment or variance between the 
   indictment and the proof; Rule 404(b) argument regarding evidence of a 
   traffic stop and drug possession conviction rejected; district court did 
   not abuse its discretion by permitting the jury to hear certain tapes 
   during its deliberations; challenge to Allen charge rejected; 8 pro se 
   arguments rejected without comment. 
  
122663P.pdf   08/05/2013  Ricardo Acosta  v.  Anne Marie Acosta
   U.S. Court of Appeals Case No:  12-2663
                          and No:  12-2791
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Wollman, Author, with Bye and Colloton, Circuit Judges] 
   Civil case - Hague Convention. No error in admitting testimony from 
   defendant's expert witness regarding factors indicating that returning the 
   couple's children to Peru would subject them to a high risk of harm as the 
   testimony was not generic, had a factual basis and was subjected to 
   cross-examination; district court did not err in finding the children 
   would be subject to a grave risk of harm if they were returned to Peru 
   with plaintiff, nor did it abuse its discretion in refusing to order their 
   return; the burden is on the moving party to show that conditions or 
   "undertakings" could be imposed to protect the children upon their return, 
   and plaintiff failed to do so 
  
122871P.pdf   08/05/2013  Dish Network Service L.L.C.  v.  Brian Laducer
   U.S. Court of Appeals Case No:  12-2871
   U.S. District Court for the District of North Dakota - Bismarck    
   [PUBLISHED] [Murphy, Author, with Wollman and Smith, Circuit Judges] 
   Civil case - Indian law. The district court did not err in denying Dish's 
   motion for injunctive relief to prevent tribal court litigation as it was 
   not "plain" that the tribal courts lack jurisdiction over defendant 
   Laducer's abuse of process complaint. 
  
122953P.pdf   08/05/2013  Robert Saterdalen  v.  James Spencer
   U.S. Court of Appeals Case No:  12-2953
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Wollman, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - Civil rights. In light of the facts known to the police 
   officer who sought a warrant for plaintiff's arrest for failure to comply 
   with the reporting requirements of Minnesota's predatory offender statute, 
   and in light of the ambiguity in the statute's language, the court could 
   not say that no reasonably competent officer would have applied for an 
   arrest warrant; as a result, the officer was entitled to qualified 
   immunity on plaintiff's civil rights claims arising out of his arrest, 
   extradition and detention; prosecuting attorney was entitled to absolute 
   immunity for his acts in reviewing and approving the criminal complaint 
   against plaintiff. 
  
122982P.pdf   08/05/2013  Novus Franchising, Inc.  v.  Michael Dawson
   U.S. Court of Appeals Case No:  12-2982
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Bye, Author, with Loken and Bright, Circuit Judges] 
   Civil case - Contracts. Issues regarding dismissal of a defendant for lack 
   of personal jurisdiction and the granting of an extension of time to file 
   an answer were not properly before the court in an appeal of an order 
   denying injunctive relief; district court did not err in weighing the 
   Dataphase factors or in determining that plaintiff failed to show 
   irreparable harm justifying injunctive relief. 
  
123082P.pdf   08/05/2013  United States  v.  James Arnold
   U.S. Court of Appeals Case No:  12-3082
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] [Shepherd, Author, with Beam and Melloy, Circuit Judges] 
   Criminal case - Criminal law. Defendant's challenges to the search warrant 
   application amounted, at most, to minor discrepancies that did not 
   establish deliberate or reckless falsehood, and the district court did not 
   err in denying his motion for a Franks hearing; even if the court assumed 
   the challenged affidavit contained deliberate or reckless falsehoods, the 
   unchallenged portions of the affidavit established probable cause. 
  
123193P.pdf   08/05/2013  S.L.  v.  Richard Gray
   U.S. Court of Appeals Case No:  12-3193
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges] 
   Civil case - Civil rights. In action alleging plaintiff's arrest by St. 
   Louis police officers and a subsequent cover-up violated her civil rights, 
   the district court did not err in denying defendants Isshawn-O'Quinn's and 
   Harris's motions for summary judgment based on qualified immunity as a 
   reasonable jury could find on the evidence in the record that the officers 
   conspired to conceal another office's role in plaintiff's arrest, to 
   apprise that officer of the course of an internal investigation of the 
   cover-up and to prevent plaintiff from filing a Section 1983 action 
   following her false arrest, all of which actions violated plaintiff's 
   clearly established civil rights; city's appeal dismissed as the municipal 
   liability claims in the case were not inextricably intertwined with the 
   qualified immunity issues, and the court lacked jurisdiction to hear them 
   at this stage of the case. Judge Gruender, concurring in part and 
   dissenting in part. 
  
123616P.pdf   08/05/2013  United States  v.  Robert Lunsford
   U.S. Court of Appeals Case No:  12-3616
   U.S. District Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Colloton, Author, with Shepherd, Circuit Judge, and Rose, 
   District Judge] 
   Criminal case - Criminal law. SORNA does not require an offender to update 
   his registration when he moves out of the country, and the district court 
   should have dismissed this indictment charging defendant with failure to 
   update his registration in violation of SORNA. 

121986P.pdf   08/05/2013  Carlisle Power Trans Products  v.  United Steel, etc.
   U.S. Court of Appeals Case No:  12-1986
   U.S. District Court for the Western District of Missouri - Springfield    
   [PUBLISHED] [Colloton, Author, with Loken and Murphy, Circuit Judges] 
   Civil case - Labor law. For the court's prior opinion in the matter, see 
   Carlisle Power Transmission Prods. v. United Steelworkers, 326 F. App'x 
   (8th Cir. 2009). There was no basis for finding the Union acquiesced in 
   the splitting of Carlyle's claims, and the district court erred in 
   determining that the Union had waived its right to invoke the doctrine of 
   res judicata; the district court's order granting summary judgment to 
   Carlisle is vacated and the court is ordered to dismiss Carlisle's 
   complaint. 


111232P.pdf   08/06/2013  United States  v.  Abby Rae Cole
   U.S. Court of Appeals Case No:  11-1232
                          and No:  11-1513
   U.S. District Court for the District of Minnesota - St. Paul    
   [PUBLISHED] [Shepherd, Author, with Murphy and Bye, Circuit Judges] 
   Criminal Case - conviction and sentence. Evidence was sufficient to prove 
   Cole knowingly and intentionally joined in an agreement to defraud Best 
   Buy and that she willfully committed affirmative acts constituting tax 
   evasion and that a tax deficiency resulted. Evidence was sufficient to 
   sustain tax fraud conspiracy. District court did not err in denying her 
   motion for acquittal on claim there was a prejudicial variance in the 
   evidence used on the tax evasion and tax fraud conspiracy charges because 
   there was no variance. The district court did not abuse its discretion in 
   rejecting Cole's claim that the verdict was against the weight of the 
   evidence, as there was sufficient evidence Cole played a role in the 
   conspiracy, and did not abuse its discretion in denying a new trial based 
   on admission of a government exhibit. Because the district court's 
   variance from a guideline range of 135 to 168 months imprisonment to three 
   years probation when her coconspirators received 180 months and 90 months 
   imprisonment represented a major departure, the district court's brief and 
   contradictory explanation is insufficient to allow for meaningful 
   appellate review of whether sentence is substantively unreasonable. 
   Sentence is remanded for the district court to offer a fuller explanation 
   for the sentence. 
  
121788P.pdf   08/06/2013  United States  v.  Jason Gilbert
   U.S. Court of Appeals Case No:  12-1788
                          and No:  12-1790
                          and No:  12-1791
                          and No:  12-2009
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] 
   Criminal Cases - conviction and sentence. In consolidated appeals relating 
   to a series of attempted robberies and one completed robbery, there was 
   sufficient evidence presented to establish the existence of a single 
   conspiracy, as the defendants shared a common overall goal and used the 
   same method to achieve that goal, even if the actors were not always the 
   same. District court did not abuse its discretion in limiting 
   cross-examination relating to knowledge of an unrelated murder. Denial of 
   motion to suppress eyewitness testimony is affirmed as the photographic 
   lineup was not impermissibly suggestive. District court did not clearly 
   err in applying two-level enhancement for abuse of position of trust to 
   Gilbert's sentence, as he used his special knowledge or access to 
   facilitate or conceal the offense. 
  
121971P.pdf   08/06/2013  Brian Jeffries  v.  United States
   U.S. Court of Appeals Case No:  12-1971
   U.S. District Court for the District of South Dakota - Rapid City    
   [PUBLISHED] [Colloton, Author, with Wollman and Bye, Circuit Judges] 
   Habeas Petition - motion to vacate. Separate document rule (Rule 58(a)) 
   applies in appeals from section 2255 proceedings. The district court's 
   order, replete with legal analysis, requires a separate judgment. Because 
   no separate judgment was entered, the judgment is considered entered 150 
   days after the filing of the order and the notice of appeal is thus timely 
   filed. On the merits of the claim of ineffective assistance of counsel 
   that counsel failed to object to government's alleged breach of the plea 
   agreement, Jeffries did not demonstrate that he was prejudiced and the 
   district court did not abuse its discretion in resolving the case without 
   an evidentiary hearing. 
  
122489P.pdf   08/06/2013  Francis Gathungu  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  12-2489
   Petition for Review of an Order of the Board of Immigration Appeals    
   [PUBLISHED] [Melloy, Author, with Smith and Benton, Circuit Judges] 
   Petition for Review - immigration. Petition for review is granted, as BIA 
   misapplied the "social visibility" criterion when it ruled Mungiki 
   defectors were not a "particular social group." Based on the record, 
   Mungiki defectors constitute a "particular social group," and the record 
   compels a conclusion that the Kenyan government is unable or unwilling to 
   stop Mungiki's violent attacks on defectors. The BIA abused its discretion 
   in refusing to remand to allow petitioner's sister to testify in person, 
   as her testimony would likely change the result in this case, as testimony 
   would corroborate petitioners' claims. 
  
123350P.pdf   08/06/2013  Richard Scott  v.  John Baldwin
   U.S. Court of Appeals Case No:  12-3350
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Benton, Author, with Colloton and Gruender, Circuit Judges] 
   Civil Case - civil rights. Following a decision by the Iowa Supreme Court 
   affording inmates credit for time served for supervision or services, 
   director is entitled to qualified immunity for claims from inmates who 
   were released after their release dates because it was not clearly 
   established what amount of time was necessary to recalculate the inmates' 
   release dates. District court's grant of qualified immunity is affirmed. 


122569P.pdf   08/07/2013  Residential Funding Company  v.  Terrace Mortgage Company
   U.S. Court of Appeals Case No:  12-2569
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Bye, Author, with Wollman and Colloton, Circuit Judges] 
   Civil case - Contracts. The district court did not err in finding the 
   parties' contract required Terrace to repurchase certain loans Residential 
   had determined contained material misrepresentations and inaccuracies; 
   Residential did not waive its rights under the contract; challenges to 
   Residential's damages evidence rejected; award of attorneys' fees and 
   expenses affirmed.


Ninth Circuit:



USA V. JACKIE LEE
11-10460
Guam District Court
Criminal
08/07/2013
USA V. JEFF LIVINGSTON
11-10520
Fresno District Court
Criminal
08/07/2013
SHERIE LEMIRE V. CDCR
11-15475
Sacramento District Court
Civil
08/07/2013
TERESITA CHING V. ALEJANDRO MAYORKAS
11-17041
Oakland District Court
Civil
08/07/2013
DERECK SELTZER V. GREEN DAY, INC.
11-56573
Los Angeles District Court
Civil
08/07/2013
ROOSEVELT MOORE V. M. BITER
11-56846
Los Angeles District Court
Habeas
08/07/2013
ANTHONY SULLY V. ROBERT AYERS, JR.
08-99011
San Francisco District Court
Prisoner Death Penalty
08/06/2013
KRISTIN PERRY V. EDMUND G. BROWN, Jr.
10-16696
San Francisco District Court
Civil
o
08/06/2013
USA V. JOHN UNDERWOOD
11-50213
Los Angeles District Court
Criminal
08/06/2013
K. M. V. TUSTIN UNIFIED SCHOOL DISTRICT
11-56259
Santa Ana District Court
Civil
08/06/2013
STEPHEN SHOEMAKER V. ROBERT TAYLOR
11-56476
Los Angeles District Court
Habeas
08/06/2013
KETCHIKAN DRYWALL SERVICES V. ICE
11-73105
Board of Immigration Appeals
Agency
08/06/2013
USA V. ROBERT ALEXANDER
12-30156
Tacoma District Court
Criminal
08/06/2013
USA V. CESAR GOMEZ
12-50018
San Diego District Court
Criminal
08/06/2013
OSAMA AL RAMAHI V. ERIC HOLDER, JR.
12-70628
Board of Immigration Appeals
Agency
08/06/2013
ROGER SAESEE V. MIKE MCDONALD
10-15895
Fresno District Court
Habeas
08/05/2013
ZEV LAGSTEIN V. CERTAIN UNDERWRITERS AT LLOYD'
11-17369
Las Vegas District Court
Civil
08/05/2013



Tenth Circuit (Wednesday only):


 12-3129  Talavera v. Wiley
 13-1085  In re: Harper v. 


Eleventh Circuit:



USA v. Theodore Stewart Fries
11-15742
4:11-cr-00022-RH-WCS-1
08-06-2013
NEW
view

Judy Weekes-Walker, et al. v. Macon County Greyhound Park, Inc.

DC Circuit:

Leola Smith v. Cathy LanierBlack Oak Energy, LLC v. FERC

Federal Circuit:
APPLE INC. v. ITC [OPINION]
REMBRANDT VISION TECH v. JOHNSON & JOHNSON VISION [OPINION]

CHEESE SYSTEMS, INC. v. TETRA PAK CHEESE [OPINION]


12-14673
3:10-cv-00895-MEF-CSC
08-05-2013
NEW
view




JANE GALLO v. DEPARTMENT OF TRANSPORTATION [OPINION]


NATIONAL ORG OF VETERANS ADVOC v. SHINSEKI [OPINION]

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 Company 

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:

In re: CERY BRADLEY PERLE

USA V. WILLENA STARGELL

USA V. JOSEPH LIRA

Tenth Circuit:

Brown v. Eppler

United States v. Esquivel-Rios

DC Circuit:

Ralph Nader v. Federal Election Commission

American Trucking Associations v. FMCSA