Court of Appeals for the Eighth Circuit Court Cases

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  1. United States v. Thomas Joseph McCarthy United States of America (1996)

    Thomas McCarthy, Clarence Houston, John Piner, Carl Thompsen, Michael Ness, and Stephen Labrie appeal from judgments entered against them by the district court1 on various drug and drug-related charges. The appellants raise numerous issues concerning their convictions and sentences. After carefully considering the merits of their individual claims, we affirm the judgment of the district court in each case.


    Court: Court of Appeals for the Eighth Circuit Docket: 95-2508
  2. Paul J. Kiel v. Select Artificials, Inc. (1999)

    Before BOWMAN, Chief Judge, HEANEY, BRIGHT, McMILLIAN, RICHARD S. ARNOLD, FAGG, WOLLMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, and KELLY,1 Circuit Judges, En Banc.


    Court: Court of Appeals for the Eighth Circuit Docket: 97-2433
  3. DAVID GRIFFITH v. CITY OF DES MOINES (2004)

    David Griffith, who is Hispanic, joined the Des Moines Fire Department in 1989. He commenced this action in August 2001, alleging on-going disparate treatment and retaliation by the City of Des Moines, Fire Chief Ronald Wakeham, and Assistant Fire Chief Jerry Cohoon in violation of Title VII, 42 U.S.C. § 2000e-2; 42 U.S.C. §§ 1981 and 1983; and the Iowa Human Rights Act, Iowa Code § 216.6. The district court1 granted summary judgment dismissing Griffith's Third Amended [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 03-3266
  4. Allen Frank Martin v. Willis Sargent (1985)

    Allen F. Martin appeals pro se from a district court1 order dismissing his complaint for failure to state a claim. Appellant brought his claims under 42 U.S.C. Sec. 1983 seeking declaratory, injunctive and monetary relief for numerous alleged violations of his eighth amendment rights by Arkansas prison officials and employees. He named as defendants: Willis Sargent, Warden of the Cummins Unit; Tim Baltz, Warden of the Wrightsville Unit; Brad Hendricks, Assistant Warden of the [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 85-2058
  5. United States v. Frank Adipietro v. Vincent Auricchio v. Ruben O. Sanchez (1993)

    Frank Adipietro, Vincent Auricchio, and Ruben O. Sanchez and others were charged under a superseding indictment with conspiracy to distribute and to possess with intent to distribute a controlled substance (marijuana), a violation of 21 U.S.C. § 846.


    Court: Court of Appeals for the Eighth Circuit Docket: 92-1776
  6. Terry Wayne Sanders v. Clemco Industries (1988)

    This case vividly illustrates that failure to follow federal rules of civil and appellate procedure can result in the loss of valuable rights of review. In this product liability action, Terry Wayne Sanders, plaintiff, appeals from the district court's1 orders granting summary judgment for Clemco Industries (Clemco) and Ingersoll-Rand Company (Ingersoll), defendants, and denying Sanders' motion to reconsider and set aside the summary judgment order. Sanders filed this appeal within [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 88-1319
  7. Jin Ku Kim v. Nash Finch Company (1997)

    Jin Ku Kim appeals from a final judgment entered in the District Court1 for the Northern District of Iowa, upon a jury verdict, finding in his favor and against Nash Finch Co. in his employment discrimination case but reducing the amount of damages awarded by the jury. For reversal, Kim argues the district court erred in denying his motion to amend the pleadings to conform to the evidence under Fed.R.Civ.P. 15(b) and in applying the Title VII cap, 42 U.S.C. § 1981a(b)(3), to limit [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 95-2012
  8. United States v. James Michael Wise (1992)

    Before LAY,* Chief Judge, McMILLIAN, RICHARD S. ARNOLD,** JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, and LOKEN, Circuit Judges, En Banc.


    Court: Court of Appeals for the Eighth Circuit Docket: 90-1070
  9. Steven G. Rothmeier v. Investment Advisers (1996)

    Steven G. Rothmeier brought this suit against his former employer, Investment Advisers, Inc. (IAI), alleging that he was fired on the basis of his age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1994), and the Minnesota Human Rights Act (MHRA), Minn.Stat. §§ 363.01-363.20 (1994). The District Court1 granted summary judgment in favor of IAI,2 and Rothmeier appeals. We affirm.

    Court: Court of Appeals for the Eighth Circuit Docket: 95-2562
  10. United States v. Herbert R. Montanye (1993)

    Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges, En Banc.


    Court: Court of Appeals for the Eighth Circuit Docket: 91-1703
  11. Donna Krenik v. County of Le Sueur (1995)

    Donna Krenik appeals from a final judgment entered by the district court,1 granting summary judgment in favor of County of Le Sueur. The district court held that appellant had failed to carry her burden on her claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and the Equal Pay Act. We affirm.


    Court: Court of Appeals for the Eighth Circuit Docket: 93-4056
  12. Ann Dulany v. Mel Carnahan (1997)

    Margaret Winter, Washington, DC, argued (Richard H. Sindel, Clayton, MO, Mohadedu F. Jones, National Prison Project of the ACLU Foundation, Washington, DC, and Jon Beetem, Jefferson City, MO, on the brief), for plaintiffs-appellants.


    Court: Court of Appeals for the Eighth Circuit Docket: 96-2427
  13. 2 Fair empl. prac. cas. 1017 v. Southwestern Bell Telephone Co. (1970)

    Following rejection of his application for employment and exhaustion of administrative remedies, Arthur Ray Parham commenced this suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. 2000e, et seq., against Southwestern Bell Telephone Company (the Company) seeking relief individually and on behalf of blacks as a class from the defendant's alleged racially discriminatory employment practices in Arkansas, particularly in the City of Little Rock.1 The district court, in a [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 19969
  14. Percy J. Cooper v. Dora B. Schriro Mike Groose (1999)

    Missouri prisoner Percy J. Cooper filed a 42 U.S.C. 1983 complaint of more than thirty pages, which listed as defendants twenty-four Department of Corrections (DOC) employees and two Correctional Medical Services employees. The District Court granted Cooper provisional leave to proceed in forma pauperis (IFP); stated that Cooper's complaint did not conform with Federal Rule of Civil Procedure 8(a)'s "short and plain statement" requirement; and explained to Cooper that he could file an [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 98-4185
  15. Joseph Osborn and Pamela Osborn v. United States (1990)

    Joseph and Pamela Osborn, individually and as parents and guardians ad litem of their daughter, Shawna Osborn, appeal from the dismissal of their federal tort claim action asserting that a United States Air Force clinic negligently administered a diphtheria, pertussis, and tetanus (DPT) vaccination, causing Shawna to develop seizures and neurological injury. The sole issue in the case is when did the Osborns, and more specifically Pamela Osborn, first have sufficient knowledge of [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 89-5349
  16. United States v. Earnest Washington v. Wendell E. Fortenberry (2003)

    Appellants Earnest Washington and Wendell Fortenberry were convicted in the district court1 after a seven-day jury trial. Washington was convicted of two counts involving conspiracy to distribute heroin under 21 U.S.C. § 846 and conspiracy to commit murder for hire under 18 U.S.C. § 1958(a). Fortenberry was convicted of three counts, including conspiracy to distribute heroin, conspiracy to commit murder for hire, and murder for hire. They bring separate appeals which we have [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 01-2351
  17. Wolde Amanuel Feleke v. Immigration (1997)

    Wolde Amanuel Feleke appeals the denial of his application for asylum and withholding of deportation by the Board of Immigration Appeals. We remand for further proceedings.


    Court: Court of Appeals for the Eighth Circuit Docket: 96-2243
  18. United States v. Amador Rodriguez Chaidez (1990)

    A jury convicted Amador Rodriguez Chaidez of violating 21 U.S.C. Sec. 841(a)(1) (1988) by knowingly possessing cocaine with the intent to distribute it. On appeal, Chaidez contends that the district court1 should have suppressed both cocaine found in the car that Chaidez was driving and statements he made while in custody. This appeal presents three questions: (1) Did Chaidez voluntarily consent to the search of his car?; (2) If so, was the cocaine discovered during a search that was [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 89-1634
  19. United States v. Paula Lewis v. Gary Darnall v. Terry Crafton (1985)

    Ross Alan Milburn was convicted for maintaining a Continuing Criminal Enterprise (CCE) in violation of 21 U.S.C. Sec. 848 (1982) and for conspiracy to commit tax fraud in violation of 18 U.S.C. Sec. 371; he was sentenced to life imprisonment without parole on the former charge and a concurrent five-year sentence and a $10,000 fine on the latter. Three of Milburn's associates, Gary Darnall, Terry Crafton and Paula Lewis, were convicted on cocaine distribution and conspiracy charges in [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 83-1721
  20. United States v. Calvin Lucien Delpit v. Dennell Malone v. Jermaine Dana Saunders (1996)

    A jury convicted the seven defendants of various crimes, including interstate murder-for-hire, 18 U.S.C. § 1958(a), arising out of a Twin Cities-based drug conspiracy and gang rivalry. They received prison sentences ranging from 97 months to life. The defendants challenge their trial, convictions, and sentences. We reject most of these challenges. We agree, however, with Chanise Lynn and Zackarrie Prado that their interstate murder-for-hire convictions must be reversed. They may [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 96-1316

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