8th U.S. Circuit Court of Appeals Digest: June. 13, 2019.

Byline: Minnesota Lawyer

Civil Opinions

Civil Rights

Excessive Force

Negligent Hiring; Failure to Provide Adequate Medical Care

Plaintiff appealed from the dismissal of her excessive force and related claims against defendants, arising from police defendants' use of deadly force against plaintiff's son, who allegedly fled from an officer, was armed and fired at the pursuing officers.

Where no evidence contradicted officers' testimony that plaintiff's son was armed, pointed his gun at officer and fired, the District Court properly found that officers used reasonable force in returning fire to prevent harm to themselves and others, and promptly sought medical care less than a minute after apprehending plaintiff's son.

Judgment is affirmed.

18-1040 Smith v. Kilgore, appealed from the Western District of Missouri, Benton, J.

Civil Rights

False Imprisonment

Falsification of Investigation; Deputized Federal Officer Liability

Defendant appealed the denial of her motions to dismiss plaintiffs' complaints. Defendant, a local police officer who had been deputized as part of a federal sex-trafficking investigation, was alleged to have exaggerated or fabricated facts against plaintiffs which resulted in their arrest and detention for sex trafficking and related offenses for which they were later acquitted or had their charges dismissed.

Where there was no constitutional or statutorily recognized private cause of action for damages arising from a federal law enforcement officer's falsification of evidence leading to detention and prosecution of innocent persons, the District Court erred by denying defendant's motion to dismiss the claims against her.

Judgment is reversed.

17-3207 Farah v. Weyker, appealed from the District of Minnesota, Stras, J.

IDEA

Free Appropriate Public Education; Disability Discrimination and Retaliation

Plaintiff, whose daughter was a student with autism and intellectual disabilities, alleged that defendant failed to provide a free appropriate public education as required by the Individuals with Disabilities Education Act and engaged in disability discrimination and retaliation. The District Court denied the appeal of plaintiff's administrative claim and dismissed her federal discrimination claims.

Where plaintiff failed to exhaust her administrative remedies and where the record plainly refuted plaintiff's allegations of discriminatory and/or retaliatory conduct by defendants, the District Court properly dismissed her claims. Judgment is affirmed.

17-3298 Albright v. Mountain Home School District, Wollman, J., appealed from the Western District of Arkansas, Wollman, J.

Criminal Opinions

Commitment

Expiration of Sentence; Timeliness of Commencement of Proceedings

Defendant appealed the order committing him to custody for hospitalization and mental health treatment pursuant to the statutory provision that authorized commitment for prisoners whose sentences were "about to expire." On appeal, defendant argued that the government had not started commitment proceedings until...