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| Day v. Norris, No. 05-4356,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: Dismissal under 28 U.S.C.S. § 1915A of an inmate's claim that he lost weight as a result of a prison diet that did not provide adequate nutrition, was often rotten, and included small portions and that the prison officials knew he received inadequate nutrition was premature because the allegations were sufficient to state an Eighth Amendment claim.
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| Ejimadu v. Gonzales, No. 06-1154,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: Substantial evidence supported the dismissal of implausible withholding of removal and CAT claims because a Christian alien had no reason to fear being targeted by Sharia courts and enforcers in Nigeria 16 years after Muslims reported him for drinking alcohol and he lived in his predominantly Christian hometown for 7 years without persecution.
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| Harris v. Brownlee, No. 06-2516,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: An agreement settling a federal employee's race discrimination claim by requiring an independent review of the employee's position grade was not materially breached, since there was no evidence that interviewing similar employees, as set out in the agreement, would have changed the reviewer's opinion that the employee was properly classified.
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| Hassan v. Gonzales, No. 04-4026,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: Denial of asylum was proper because, although alien argued that he was threatened with death if he refused to join "Ba'ath Party" in Iraq, his testimony supported IJ's finding that the only credible threat received was a loss of the alien's lecturing job at a university and, thus, that he did not have a reasonable fear of persecution or torture.
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| Levy v. Ohl, No. 06-2291,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: It was not error to dismiss a physician's malicious prosecution claim because the two-year limitations period had commenced when the underlying malpractice action was dismissed with prejudice, and the physician had not filed his action within two years after the dismissal. The savings provisions of Mo. Rev. Stat. § 516.230 did not apply.
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| Osborne v. Grussing, No. 06-2021,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: Summary judgment granted to the county officials, in a claim for alleged selective enforcement of ordinances against the property owners because the owners had been critical of the county, was affirmed because the investigation was initiated after a citizen's complaint, not upon the initiation of a county official.
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| United States v. Aldaco, No. 06-2533,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: The denial of defendant's motion to suppress evidence was affirmed because there was nothing unreasonable about the second search of defendant's wallet where the police previously had lawfully discovered it and taken it for safekeeping. Defendant's Sixth Amendment rights were not violated by the length of his proceedings.
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| United States v. Brown, Nos. 06-1928, Nos. 06-2091,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: District court did not err in refusing to give defendants' proffered good-faith instruction because the district court's instructions adequately advised the jury of the elements of the offenses, the government's burden, and even defendants' theory of defense, albeit without the actual words "good faith."
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| United States v. Gonzalez-Alvarado, No. 06-1613,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 26, 2007, Filed
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Overview: District court should not have granted a variance in a sentence when defendant had a family and worked in the U.S. without criminal incident after his illegal reentry, because such circumstances were not extraordinary. Under 18 U.S.C.S. § 3553, consideration of the fact that there was no "fast-track" deportation program was not permissible.
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