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| Gibson v. Weber, No. 04-3932,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Decided
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| Louis v. Dep't of Corr. Servs. of Neb., No. 05-1211,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Decision denying inmates' 42 U.S.C.S. § 1983 claim--that the Nebraska Department of Correctional Services' method of collecting/testing urine samples for drug use violated procedural due process--was upheld. The court assessed the constitutionality of the procedures used to collect and analyze the samples by balancing competing interests in play.
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| Setiadi v. Gonzales, No. 04-3409,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Alien did not allege that he was personally harassed by Indonesian authorities because he was Catholic. Thus, his wife's Muslim brother's assaults against her for converting to Catholicism, and his threats against the alien, which were not reported to government, did not establish past persecution; his asylum request was therefore properly denied.
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| Smith v. Tenet Healthsystem SL, Inc., No. 05-1173,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: In a medical malpractice case, a district court's decision to allow the introduction of certain medical, psychiatric, and other records under Fed. R. Evid. 403 was upheld, even though the court failed to weigh the evidence under Rule 403 on the record; the fact that the probative value outweighed the prejudicial effect was apparent from the record.
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| Stricker v. Union Planters Bank, N.A., No. 05-1677,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Appellants sought only an individual recovery. Accordingly, even if they established the airline was insolvent, thus triggering the directors' "trustee-like" duty to all its creditors, they did not have standing to sue for a full individual recovery of the outstanding balance on the aircraft loan. Leave to amend complaint was properly denied.
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| Szabla v. City of Brooklyn Park, No. 04-2538,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Decided
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| Tostado v. Carlson, No. 05-1053,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Alien's Illinois conviction possession of cocaine and cannabis was a felony under state law but not a felony under federal law. Therefore, based on Eight Circuit precedent, his state-law drug conviction was an aggravated felony under 8 U.S.C.S. § 1101(a)(43)(B), and BIA properly affirmed an order deporting him to Mexico.
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| United States v. Bordeaux, No. 05-1482,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Based on evidence of purpose of defendant's trip and the presence of the firearms within the vehicle, the jury could reasonably conclude that he was carrying the firearms as part of his conspiracy to distribute methamphetamine. As such, he violated 18 U.S.C.S. § 924(c)(1)(A)(i) by "carrying" the firearms "in relation to" a drug trafficking offense.
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| United States v. Caswell, No. 05-1226,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 3, 2006, Filed
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Overview: Affidavit submitted in an application for a search warrant was sufficient to establish probable cause to search a residence for drugs under the Fourth Amendment because there was evidence corroborating an informant's statement, the facts showed that this information was not stale, and the information supported an inference of drug activity.
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