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   Federal Courts - 8th Circuit Court of Appeals - March 29 - March 30, 2006

  
Bowles v. Osmose Utils. Servs., No. 05-2069, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 29, 2006, Filed
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Overview: A district court's judgment in favor of an employee in a race discrimination case was affirmed because the district court did not clearly err in making findings of fact that supported the employee's account of the racial harassment that he suffered and the way that it affected him, and the punitive damages award was not excessive.

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United States v. Contreras-Diaz, No. 05-2157, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 29, 2006, Filed
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United States v. Franklin, No. 04-3783, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 29, 2006, Decided
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United States v. Hernandez, No. 04-4051, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 29, 2006, Decided
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United States v. Weston, No. 04-3325, No. 05-1291, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 29, 2006, Filed
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Overview: Where officers went to the front door of defendant's residence to ask about reports of stolen vehicles and saw discolored propane tanks, the officers' entry into the curtilage of the home was reasonable under the Fourth Amendment because the entry was a limited invasion of his privacy in furtherance of a legitimate law enforcement objective.

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Wallace v. DTG Operations, Inc., No. 04-3345, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 29, 2006, Filed
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Overview: Employee presented sufficient evidence showing that reason for terminating her was pretextual to survive summary judgment where only 15 days elapsed between her harassment complaint and regional manager's decision to terminate her and reasonable jury could infer that manager and supervisor knew that employer's transfer policy was discretionary.

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Winskowski v. City of Stephen, No. 05-2777, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 29, 2006, Filed
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Overview: When suing for deprivation of a name-clearing hearing, a city employee had to prove that he sought a post-termination hearing before litigation; the employee's failure to do so barred any recovery for his alleged due process violations.

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Mayorga v. Missouri, No. 05-2762, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 30, 2006, Filed
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Overview: Former inmate claimed that parole officials acted outside their jurisdiction in classifying him as a sex-offender based on unsubstantiated facts. Even so, they still had absolute immunity, as the Parole Board's decisions classifying him were at the heart of its jurisdiction. He also did not establish supervisory liability under 42 U.S.C.S. § 1983.

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Nash v. Lappin, No. 05-2285, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 30, 2006, Submitted , March 30, 2006, Filed
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United States v. Davis, No. 03-1709, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, March 30, 2006, Filed
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Overview: Although the district court plainly erred in sentencing defendant based on judge-found facts under a mandatory sentencing regime, resentencing was not warranted under the Sixth Amendment, because defendant could not establish that he would have received a more favorable sentence if the district court had sentenced him under an advisory scheme.

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