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| Chronister v. Baptist Health, No. 05-1565, No. 05-1566,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 23, 2006, Filed
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Overview: Court did not err in finding insurer abused discretion in denying ERISA plan participant benefits based solely on self-reported symptoms limitation. Eighteen point "trigger test" performed by physician qualified as clinical examination standardly accepted in medicine practice, so fibromyalgia was not subject to self-reported symptoms limitations.
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| Phillips v. Kiser, No. 05-2545,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 23, 2006, Filed
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Overview: 42 U.S.C.S. § 1983 action against a prosecutor was properly dismissed on claims arising from a transfer and a denial of telephone privileges because an inmate had no protected liberty interest in those; however, he did have the right to be free from punishment as a pretrial detainee, so dismissal of a solitary confinement order claim was improper.
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| United States v. Adams, No. 05-2180,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 23, 2006, Filed
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Overview: Defendant's sentence was affirmed because the district court did not err in determining that defendant's prior convictions under Mo. Rev. Stat. §§ 569.080.1(2) and 575.220 qualified as violent predicate offenses under the Armed Career Criminal Act, 18 U.S.C.S. § 924(e).
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| United States v. Elam, No. 04-4170,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 23, 2006, Filed
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Overview: A firearm, found in a locked cabinet in a common closet in the home where defendant was residing, was not illegally seized under the Fourth Amendment; the police detective reasonably believed that the lessee of the home had sufficient common authority to consent to a search when the lessee handed the detective the key to the locked cabinet.
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| United States v. Mendoza-Mendoza, No. 04-4175,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 23, 2006, Filed
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Overview: Sentenced imposed was upheld since defendant's criminal history score was properly determined under U.S. Sentencing Guidelines Manual § 4A1.1(d) due to the fact that he was on probation when the offense was committed, and he was unable to show that a more favorable sentence would have been imposed under an advisory USSG scheme.
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| Cao v. Gonzales, No. 05-1524,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 24, 2006, Filed
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Overview: A petition for review of a final order of removal by the BIA was denied because the inconsistencies and omissions in the alien's testimony and documentary evidence combined with the discrepancies between the State Department reports and the alien's testimony were sufficient to support the IJ's credibility finding.
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| Mehmet Bardhyl Ruzi v. Gonzales, No. 03-3146, No. 03-3147,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 24, 2006, Filed
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Overview: Given the speculative evidence supporting the alien's position, as well as the changed political conditions in Albania during the 11 years he had been absent, the alien did not sufficiently establish a clear probability of persecution if returned to Albania. Thus, withholding of removal under 8 U.S.C.S. § 1231 was properly denied.
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| Quick v. Wal-Mart Stores, Inc., No. 04-3996,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 24, 2006, Filed
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Overview: In a Title VII pregnancy discrimination action, although the timing was suspicious (plaintiff was fired the day she returned from maternity leave), that fact combined with earlier criticisms of her taking maternity leave did not create an issue of fact sufficient to rebut the employer's reason for termination, i.e., violation of a discount policy.
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| United States v. McGhee, No. 05-1975,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 24, 2006, Filed
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Overview: District court erred in refusing to consider unobjected-to facts in a presentence report that supported enhancement of defendant's sentence for recklessly creating a substantial risk of death or serious bodily injury to others when he fled from police. Sentencing factors did not have to be proven beyond a reasonable doubt if USSG was non-mandatory.
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| Wedow v. City of Kan. City, Nos. 04-1443/04-1704,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 24, 2006, Filed
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Overview: In suit under Title VII, 42 U.S.C.S. § 2000e et seq., female firefighters' discrimination claims were not barred by 300-day limitation for filing administrative charges because separate Title VII violations occurred every time firefighters were required to don inadequately fitting protective clothing or serve shifts without adequate facilities.
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