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   Federal Courts - 8th Circuit Court of Appeals - May 30 - May 31, 2007

  
Hill v. Dormire, No. 06-2294, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 30, 2007, Filed
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Huber v. Wal-Mart Stores, Inc., No. 06-2238, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 30, 2007, Filed
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Overview: In this action under the ADA and the Arkansas Civil Rights Act of 1993, the grant of summary judgment to the employee was reversed because the ADA did not require the employer to turn away a superior applicant for the router position in order to give the position to the employee.

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Loop v. Hennepin County, No. 06-1340, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 30, 2007, Filed
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Loop v. United States, No. 06-3402, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 30, 2007, Filed
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United States v. Comstock, No. 06-2344, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 30, 2007, Filed
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United States v. Nading, No. 06-2932, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 30, 2007, Filed
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Overview: District court's imposition of 24-month sentence upon revocation of defendant's supervised release after his sweat patch tests were positive for methamphetamine use was affirmed because sentence was within statutory limits under 18 U.S.C.S. § 3583(e)(3) and was based upon district court's consideration of appropriate 18 U.S.C.S. § 3553(a) factors.

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Frenchman v. Saloum, No. 06-1986, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 31, 2007, Filed
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Overview: Doctor was properly granted summary judgment on inmate's Eighth Amendment 42 U.S.C.S. § 1983 claim alleging deliberate indifference to serious medical needs because inmate was given regular "heart and pacemaker checkups" including electrocardiograph (EKG) tests; doctor routinely read EKG results; and doctor hospitalized inmate when problem arose.

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Hassan v. City of Minneapolis, No. 06-3504, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 31, 2007, Filed
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Overview: Decedent aggressively brandished a machete and a tire iron while approaching officers in a threatening manner and did not slow down, although the officers repeatedly asked the decedent to put down his weapons and deployed tasers against him a total of five times; the officers use of deadly did not violate decedent's Fourth Amendment rights.

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Rambo Assocs. v. South Tama County Cmty. Sch. Dist., No. 06-1695, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, May 31, 2007, Filed
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Overview: Architectural firm was limited to recovering a specific sum in a contract with a school district for services it agreed to perform for that sum. However, it was not barred from pursuing an unjust enrichment claim as to services outside the scope of the work it agreed to provide for the limited sum, so long as the district requested such services.

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