8th U.S. Circuit Court of Appeals Digest: June 6, 2019.

Byline: Minnesota Lawyer

Civil Opinions

Civil Rights

Disorderly Conduct; Shouting From Vehicle; Qualified Immunity

Where a state trooper challenged the denial of qualified immunity on claims of First Amendment retaliation and Fourth Amendment unreasonable seizure after plaintiff was arrested for disorderly conduct for yelling an expletive at the officer from a moving vehicle, the District Court properly denied qualified immunity because the arrest violated the plaintiff's rights since the shout was unamplified and fleeting and was not an unreasonable or excessive noise to constitute disorderly conduct, and the trooper lacked probable cause for the arrest. Judgment is affirmed.

17-3419 Thurairajah v. City of Fort Smith, appealed from the Western District of Arkansas, Smith, J.

Civil Rights

Excessive Force; Qualified Immunity

Where appellant challenged the grant of qualified immunity to officers and summary judgment to a sheriff and county on her claims of excessive force, a reasonable officer could have believed that the appellant was resisting arrest and posed a safety threat, and the judgment is affirmed because the amount of force was objectively reasonable under the circumstances. Judgment is affirmed.

18-2061 Fischer v. Hoven, appealed from the District of South Dakota, Kornmann, J.

Consumer Law

Customer Information Breach; Failure to State a Claim; Proof of Damages

A group of customers sued defendants following a hacker breach that resulted in access to the customers' financial information. The court previously dismissed all but one plaintiff for lack of standing. The District Court subsequently dismissed the remaining plaintiff for failure to state a claim.

Where state law did not impose a duty on retailers to safeguard sensitive personal information, where there was no private cause of action under the FTCA, and where plaintiff had failed to sufficiently plead a likelihood of future harm arising from the data breach, plaintiff's complaint was properly dismissed. Judgment is affirmed.

18-1648 In re: SuperValu, Inc., Customer Data Security Breach Litigation, appealed from the District of Minnesota, Kelly, J.

Employer-Employee

Employment Contract; Breach; Order Compelling Arbitration

Defendant filed an interlocutory appeal of the District Court's ruling that interpreted an arbitration agreement in an employment contract between the parties. Plaintiff had sued defendant for an alleged breach of the contract. The District Court ruled that...

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