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| Ambrose v. Young, No. 05-4363,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 23, 2007, Filed
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Overview: A prison official who directed inmates to stamp out a grass fire in the vicinity of a live dangling electrical line had acted with deliberate indifference, in violation of the Eighth Amendment, to the welfare of the inmates, and thus was denied summary judgment on grounds of qualified immunity, in a deceased inmate's 42 U.S.C.S. § 1983 action.
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| Cormack v. Settle-Beshears, No. 06-2069,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 23, 2007, Filed
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Overview: Fifth Amendment takings claim against the City of Van Buren, Arkansas, and its employees who annexed a landowner's property was properly dismissed because the landowner did not exhaust his remedies in Arkansas, which provided adequate mechanisms for just compensation for takings and did not give less protection than the federal baseline.
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| Johnson v. Mooney, No. 06-2751,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 23, 2007, Filed
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Overview: Inmate's federal habeas petition was properly dismissed as untimely because the period after the conclusion of direct review and before his state habeas application was filed was correctly included in calculating the one-year time bar of 28 U.S.C.S. § 2244.
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| Kipkemboi v. Gonzales, Nos. 05-4198/06-1895,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 23, 2007, Filed
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Overview: Denial of asylum was remanded because the appellate court could not determine that the IJ and BIA applied the proper legal standard, which was that a fear of persecution could be well-founded even if there was less than a 50% chance of persecution, in finding no significant likelihood that the aliens faced female genital mutilation in Kenya.
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| Sanders v. City of Minneapolis, No. 06-1356,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, January 23, 2007, Filed
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Overview: Given the fast evolving scenario, officers' actions in shooting the subject in an attempt to stop him from injuring officers in his path were objectively reasonable and did not violate his Fourth Amendment right to be free from unreasonable seizures. Without a constitutional violation by the officers, there could be no 42 U.S.C.S. § 1983 liability.
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