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   Federal Courts - 8th Circuit Court of Appeals - March 3, 2006

  
Am. Family Mut. Ins. Co. v. Co Fat Le, No. 05-2373, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: Vehicle exclusion in a homeowner's insurance policy applied to the wrongful death claims as the allegations that the insureds kept an unsafe premises and negligently failed to warn the decedents of the risk of harmful carbon monoxide fumes in a garage were not independent claims distinct from claims arising out of use of an automobile.

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Culbreath v. Perryman Realty, Inc., No. 05-2258, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Culbreath v. Plumlee, No. 05-1550, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Drake v. Koss, No. 05-1464, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: The county and jailers were entitled to official immunity and, thus, to summary judgment on the state law negligence claims of an inmate's guardian and the Minnesota Department of Human Services because the decision not to assign a special needs classification to the inmate who later tried to commit suicide was discretionary.

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Geach v. Chertoff, No. 05-1405, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: Alien was not entitled to 28 U.S.C.S. § 2241 habeas relief, because his inability to apply for suspension of deportation due to admittance on advance parole was not ultra vires to the Attorney General's broad statutory discretion with respect to suspension of deportation under 8 U.S.C.S. § 1254; his equal protection and due process claims failed.

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Johnson-Lee v. City of Minneapolis, No. 04-4203, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Moore v. American Std., Inc., No. 04-3162, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Pedersen v. Hennepin County, No. 05-1907, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Plemmons v. Roberts, No. 05-3110, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: Summary judgment was denied to a sheriff, a county, and several jailers in a 42 U.S.C.S. § 1983 action because a 50-minute delay in summoning medical help when the obvious symptoms of a heart attack were exhibited violated an inmate's clearly established Eighth Amendment rights.

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Sac & Fox Tribe of the Miss. v. BIA, No. 05-2106, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 3, 2006, Filed
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Overview: District court properly dismissed for lack of subject matter jurisdiction under 28 U.S.C.S. § 1331 an incumbent election board's declaratory judgment action against Bureau of Indian Affairs, which would have required the application of tribal law to determine whether the board or a dissident board had authority to file suit on the tribe's behalf.

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