8th U.S. Circuit Court of Appeals Digest: Oct. 11.

Byline: Minnesota Lawyer

Civil Opinions

Bankruptcy

Restitution Agreement; Injunctive and Declaratory Relief; Bankruptcy Court Jurisdiction

Debtor was fired or resigned from his employment with plaintiff-appellant after he used his position to misappropriate funds. Debtor and appellant executed a restitution agreement empowering an attorney-in-fact to collect debtor's distributions and turn over to appellant. After debtor filed for bankruptcy, he purported to revoke the power of attorney. The bankruptcy court subsequently denied appellant's request for declaratory and Injunctive relief to declare the power of attorney irrevocable

Where claim for declaratory and injunctive relief was not a core proceeding of bankruptcy action but was a state law breach of contract claim and had no effect on debtor's bankruptcy estate, bankruptcy court erred in exercising jurisdiction over merits. Judgment is reversed and remanded.

18-6017 In re: Michael B. McDonald, appealed from the Northern District of Iowa, Sanberg, U.S.B.J.

http://media.ca8.uscourts.gov/opndir/18/10/186017P.pdf

Civil Rights

Civil Detainee; Judicial Bias; Summary Judgment

Plaintiff, a federal civil detainee, appealed from the District Court's summary judgment dismissal of his pro se civil rights action, alleging the magistrate and district judge were biased against him.

Where plaintiff's claim of judicial bias lacked merit because failed to meet his burden of overcoming the presumption of judicial impartiality, the District Court properly granted adverse summary judgment. Judgment is affirmed.

18-2118 Mendez v. LaRiva, appealed from the District of Minnesota, per curiam

http://media.ca8.uscourts.gov/opndir/18/10/182118U.pdf

Civil Rights

Fair Housing Act; Disability Discrimination; Refusal of Proof of SSDI

Plaintiffs attempted to rent an apartment from defendant but were told that defendant's policies required pay stubs, offer letters, or tax returns to verify Income, or required a qualified guarantor or the full lease term paid up front. Defendant refused to accept plaintiffs' proof of their SSDI, retirement benefits, and rental income.

Where allowing a co-signer or payment of the lease term in full were not reasonable accommodations for a disabled rental property applicant who had sufficient SSDI to pay monthly rent, the District Court erred by granting property manager summary judgment for offering those alternatives as reasonable accommodations.

Judgment is affirmed in part and reversed...