Court of Appeals for the Eighth Circuit Court Cases

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  1. Kirupanathan Perinpanathan v. Immigration (2002)

    This is an immigration case in which the petitioner, Kirupanathan Perinpanathan, seeks review of a final order of the Board of Immigration Appeals (BIA), which found that Perinpanathan did not qualify for asylum, withholding of removal, or relief under the Convention Against Torture. The issues before us are: (1) whether substantial evidence supports the BIA's conclusion that the petitioner was not credible; and (2) whether substantial evidence supports the BIA's conclusion that the [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 02-1012
  2. Darla G. Hall v. Gus Construction Co. (1988)

    Gus Construction Co., Inc. and one of its foremen, John Mundorf, appeal from a judgment1 imposing liability under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. (1982), and the Iowa Civil Rights Act, Iowa Code Chapter 601A (1985), for their having failed to protect Darla Hall, Patty Baxter, and Jeannette Ticknor from sexual harassment by their coworkers. The hostile and abusive working environment resulted in the women's constructive discharge. On appeal, [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 87-1900
  3. Robert D. Benson v. Northwest Airlines (1995)

    Robert D. Benson appeals from the district court's entry of summary judgment in favor of Northwest Airlines, Inc., on his claim under the Americans With Disabilities Act of 1990, 42 U.S.C. Sec. 12101-12213 (Supp. V 1993). The district court concluded that Benson was not a "qualified individual with a disability," dismissed his ADA claim, and remanded his remaining claims to state court. In so doing, the district court failed to apply the burden-shifting scheme appropriate to [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 94-2824
  4. Medicare & Medicaid Guide P 40 v. Medtronic, Inc. (1992)

    Charles H. Glass appeals from a final order entered in the United States District Court1 for the District of Minnesota granting partial summary judgment in favor of Medtronic, Inc. and dismissing his claims under the False Claims Act. 31 U.S.C.A. § 3729 et seq. (West 1983 & Supp.1991). United States ex rel. Glass v. Medtronic, Inc., No. 3-88-547, 1990 WL 357536 (D.Minn. Aug. 28, 1990). For reversal, Glass argues that the district court erred in finding there was nothing [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 91-1160
  5. 66 Fair empl. prac. cas. (Bna) 91 v. Anheuser-Busch, Inc. (1994)

    Richard Harvey, an African-American, appeals the grant of summary judgment dismissing his claims that Anheuser-Busch, Inc., engaged in racial discrimination when it terminated Harvey as a supervisor of security guards for using poor judgment in a life-threatening situation. We agree with the district court1 that Harvey did not present sufficient evidence to support his assertion that similarly situated white employees had previously been less severely disciplined. Therefore, we affirm.

    Court: Court of Appeals for the Eighth Circuit Docket: 93-3079
  6. United States v. Ralph Chavous Duke (1995)

    Ralph Chavous Duke appeals from a final order entered in the United States District Court1 for the District of Minnesota denying his motion pursuant to 28 U.S.C. Sec. 2255 for federal post-conviction relief. United States v. Duke, No. 4-93-Civ. 10 (D.Minn. Aug. 16, 1993) (Order). For reversal, Duke argues the district court erred in holding that the prosecution's failure to respond accurately to a pre-trial request for the arrest record of an informant and its corresponding use of [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 93-3711
  7. United States v. John Louis Iron Shell, Jr. (1980)

    Defendant, John Louis Iron Shell, appeals from a jury conviction1 of assault with intent to commit rape in violation of the Major Crimes Act, 18 U.S.C. § 1153 (1970). Iron Shell raises ten issues on appeal. The five primary questions are two evidentiary rulings concerning hearsay, the defendant's allegation that the district court should have instructed the jury on a lesser included offense, an attack on the jurisdictional scheme contained in the Major Crimes Act as a violation of [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 80-1083
  8. Melvin White v. B. Jeffery Pence Natalee Schay v. B. Jeffery Pence Natalee Schay (1992)

    P.A. Hollingsworth, Little Rock, Ark., argued, for appellant White; Louise A. Lerner, Washington, D.C., argued, for appellant U.S. (John R. Dunne and David K. Flynn, Washington, D.C., on brief), for appellants.


    Court: Court of Appeals for the Eighth Circuit Docket: 90-2826
  9. United States v. Reed Raymond Prior (1997)

    Reed Raymond Prior received a mandatory life sentence following his plea of guilty to one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) (1994). Prior appeals his sentence and the district court's1 denial of his motion to withdraw his plea. We affirm.


    Court: Court of Appeals for the Eighth Circuit Docket: 96-2110
  10. United States v. Deborah Marie Dalton (2005)

    A grand jury indicted Deborah Marie Dalton on one count of conspiring to distribute 500 grams or more of a mixture containing methamphetamine, in violation of 21 U.S.C. § 846, punishable by ten years to life in prison. The government filed notice under 21 U.S.C. § 851 of its intent to seek an increased statutory penalty of twenty years to life imprisonment based on Dalton's prior conviction for a felony drug offense. See 21 U.S.C. § 841(b)(1)(A). Dalton pleaded guilty. The [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 04-1361
  11. United States v. May (2008)

    David Louis May (May) appeals the district court's[1] denial of May's motion to dismiss an indictment charging him with one count of failure to register as a sex offender in violation of 18 U.S.C. ยง 2250(a), the Sex Offender Registration and Notification Act (SORNA).[2] The district court found (1) SORNA applies to May, (2) SORNA's retroactive application does not violate the ex post facto clause, (3) Congress did not improperly delegate legislative responsibility to the Attorney General in [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 07-3515
  12. Cesar Enrique Regalado-Garcia v. Immigration (2002)

    Ahn-Thu P. Mai, USDOJ, Office of Immigration Litigation, Washington, DC, argued (Jennifer A. Parker, Office of Immigration Litigation, on the brief), for respondent.


    Court: Court of Appeals for the Eighth Circuit Docket: 02-1402
  13. Frances Kern v. Txo Production Corporation (1984)

    TXO Production Corporation appeals from the District Court's order dismissing without prejudice Frances Kern's action against it. TXO claims that the dismissal, which came after the trial had begun, should have been with prejudice, or, in the alternative, should at least have been conditioned on the payment by plaintiff of its costs and lawyers' fees. We cannot agree that it was an abuse of discretion to dismiss the complaint without prejudice, but we do hold that conditions should have [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 83-2505
  14. United States v. James P. Shoffner (1995)

    James P. Shoffner appeals his conviction for conspiracy to distribute marijuana. Shoffner contends that the district court1 erred at trial by admitting evidence of Shoffner's prior state court conviction for dealing in marijuana and by denying his motions for judgment of acquittal. Finding no error, we affirm.


    Court: Court of Appeals for the Eighth Circuit Docket: 94-2585
  15. Michael Aucutt v. Six Flags Over Mid-America (1996)

    Michael Aucutt appeals from a final judgment entered in the United States District Court1 for the Eastern District of Missouri granting summary judgment in favor of Six Flags over Mid-America, Inc. (Six Flags). Aucutt v. Six Flags Over Mid-America, Inc., 869 F.Supp. 736, 744 (E.D.Mo.1994). For reversal, plaintiff argues the district court erred in holding that (1) plaintiff had failed to establish a prima facie case on his Age Discrimination in Employment Act (ADEA) claim or, in the [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 95-1255
  16. United States v. Antonio Nonato Evidente (1990)

    Antonio Nonato Evidente fled from Guam to the Philippines, apparently to avoid criminal prosecution in Guam. Several years later he was returned to Guam (in disputed circumstances that are irrelevant to the issues in this appeal) and was found guilty in the United States District Court for the District of Guam on several federal charges, including conspiracy and mail fraud. He was sentenced in May 1987 to a twelve-year term of imprisonment. On December 7, 1987, while serving his [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 88-5208
  17. United States v. Harvey M. Renville (1985)

    Harvey Renville was convicted by a jury of two counts of sexual abuse of his eleven year old stepdaughter under 18 U.S.C. Secs. 13, 1152 (1982), and S.D. Codified Laws Ann. Sec. 22-22-1(5) (1979 & Supp.1983) (amended 1984). Renville raises three contentions on appeal: first, that the acts for which he was convicted, one act each of cunnilingus and anal intercourse with his stepdaughter, are penalized by federal law, 18 U.S.C. Sec. 1153 (1982) (amended 1984), and therefore the [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 85-1003
  18. 25 Fair empl. prac. cas. 1326 v. Bunny Bread Company (1981)

    Appellants, James Johnson and Benjamin White, both black men, individually brought suit against appellee, Bunny Bread Company (Bunny Bread), alleging that Bunny Bread had engaged in discriminatory and unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964 §§ 703-704, 42 U.S.C. § 2000e-2 to 3.1 Following a bench trial, the district court2 found that each appellant failed to establish a prima facie case. Alternatively, assuming such a case [...]

    Court: Court of Appeals for the Eighth Circuit Docket: 80-1215
  19. 8 soc. sec. rep. ser. 178 v. Margaret M. Heckler (1984)

    The Secretary of Health and Human Services appeals from a district court order granting a preliminary injunction to a class of plaintiffs seeking social security disability benefits. For the reasons set forth below, we remand for further proceedings.


    Court: Court of Appeals for the Eighth Circuit Docket: 84-5085
  20. Allen R. Prosch v. Kenneth S. Apfel (2000)

    Allen Prosch appeals from the district court's1 judgment affirming the denial of his application for social security disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. We affirm.


    Court: Court of Appeals for the Eighth Circuit Docket: 99-1666

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