8th U.S. Circuit Court of Appeals Digest: March 12 ,2020.

Byline: Minnesota Lawyer

Civil Opinions

Administrative Law

Disability Benefits; Denial of Application; Residual Functional Capacity

Where a claimant of disability benefits challenged the denial of her application, substantial evidence supported the administrative law judge's finding of residual functional capacity related to her right hand, so the judgment is affirmed.Judgment is affirmed.

18-3746 Pemberton v. Saul, appealed from the Eastern District of Arkansas, Kobes, J.

Bankruptcy

Fraudulent Transfer; Spouse's Discharge; Extinguished Liability

Where a creditor, which held a fraudulent transfer judgment against a debtor for transfers that she received from her husband, the discharge of the debtor's spouse did not extinguish her liability, and the claim against the debtor resulted from the termination of a lease so the relevant cap applied, and the judgment of the bankruptcy appellate panel is reversed and remanded.Judgment is reversed.

18-3489 Lariat Companies Inc. v. Wigley, appealed from U.S. Bankruptcy Appellate Panel, Benton, J.

Civil Practice

Personal Jurisdiction; Fraud Case

Where a Minnesota attorney sued out-of-state defendants in Minnesota state court for their alleged participation in a fraud scheme, and the defendants removed the case to federal court, the dismissal is affirmed because the connection between the defendants and the attorney was not sufficient to establish personal jurisdiction because the attorney was the only connection between Minnesota and the underlying dispute.

Judgment is affirmed.

18-3195 Pederson v. Frost, appealed from the District of Minnesota, Stras, J.

Civil Rights

Excessive Force; Qualified Immunity

Where appellant challenged the dismissal of her action involving federal and state law claims related to the fatal shooting of her son by a police officer, the appellant stated a viable claim for violation of the son's right to be free from excessive force, and the failure to train and state law claims also were viable, and ADA claims against the city were prematurely dismissed, so the judgment is reversed and remanded.Judgment is reversed and remanded.

19-1527 Crowder v. City of Manila, appealed from the Eastern District of Arkansas, per curiam.

Civil Rights

First Amendment; Unlawful Retaliation; State Claims

Where a fired police officer brought civil rights claims against the city and police chief alleging unlawful retaliation for exercise of his First Amendment rights, the District Court properly granted the motion dismissing the First Amendment retaliation claim because the officer failed to prove his speech as a public employee was protected, and the judgment is affirmed because the court did not err in concluding that there was no deprivation of the officer's federal right to due process by dismissing without prejudice claims brought under the North Dakota Constitution. Judgment is affirmed.

18-2842 Nagel v. City of Jamestown, North Dakota, appealed from the District of North Dakota, Loken, J.

Civil Rights

Prison Inmate; Challenge to Conditions of Confinement; Summary Judgment

Plaintiff, an inmate, appealed from the adverse grant of summary judgment in his action challenging the conditions of his confinement. Where the record supported the grant of summary judgment to defendants, the court affirmed and denied plaintiff's pending motions as moot. Judgment is affirmed.

19-2213 Randle v. Mussadiq, appealed from the Eastern District of Arkansas, per curiam.

Civil Rights

Qualified Immunity

Where a deputy, who sexually assaulted a woman, brought claims including unreasonable search and seizure and municipal liability against a sheriff and the county, prior instances of sexual misconduct were not similar in kind or sufficiently egregious to show a pattern of sexual assault by deputies, so the sheriff was entitled to qualified immunity in his individual...