U.S. Eighth Circuit

U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog


Court Affirms Conditions for Sex Offender

A federal appeals court affirmed probation conditions for a sex offender, including a requirement of supervised visitation with his one-year-old child, based upon his conviction of having sex with a teenager.

The Eighth Circuit Court of Appeal said the conditions were reasonable, given the offender's history of inappropriate contact with minors. Jason Brandon Schultz had been convicted of sex assault for his consensual relationship with a 14-year-old girl when he was 23 years old. He later repeatedly violated conditions of probation.

"In light of this history and the district court's recognition of the need for Schultz to maintain a relationship with his children, the district court made individualized findings and the restriction is narrowly tailored to address the circumstances of Schultz's criminal history as well as his family situation," the judges said.

8th Circuit Upholds Minnesota's Sex Offender Law

"Minnesota has the highest per capita population of civilly committed sex offenders in the nation."

This is mentioned as little more than a footnote in the Eighth Circuit decision, upholding the state's sex offender program against claims of unconstitutionality. But that one sentence almost tells the whole story.

In 1994, the state enacted the Minnesota Sex Offender Program. It provides specialized sex offender assessment, diagnosis, care, treatment, supervision, and other services to civilly committed sex offenders. It has received 714 people, but no one has been fully discharged from the program and only three have been provisionally discharged from the program. That's where the case begins.

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8th Circuit Rules Double Amputee's Rights Were Violated

Police officers may not enjoy qualified immunity protection following the Eighth Circuit's reversal of a lower court's dismissal of a 2012 case. In a 2-1 decision, the controversy has been remanded back to the lower federal district court.

The plaintiff in this case was a double amputee who sustained physical injuries and also claimed his encounter with the police injured him mentally.

The Eighth Circuit has pulled the plug on a putative class action against GameStop, the video gaming store and publisher of magazines like Game Informer. Game aficionado Matthew Carlsen had sued the company, alleging that GameStop's Game Informer website shared user information with Facebook, in violation of its own privacy policy and Minnesota consumer fraud laws.

A district court tossed Carlsen's suit last summer for lack of standing. In a decision released yesterday, the Eighth Circuit briefly revived Carlsen's hopes of videogame class action success, ruling that he indeed had standing to sue -- only to toss his lawsuit for failure to state a claim. The ruling could be "game over" for the class action.

8th Cir. Upholds NFL Suspension of Adrian Peterson

When Minnesota Vikings running back Adrian Peterson texted to his son's mother to say he felt bad not for engaging in child abuse, but for accidentally striking his boy's 'nuts,' he probably was not aware that he was taking chances with his career. A short time later, Peterson was suspended from playing.

This punishment was upheld by the Eighth Circuit yesterday when it was ruled that the NFL had the right to imposed fines and suspend Peterson after he was charged for felony abuse of his child.

'Wal-Mex' Derivative Suit Dismissed on Quasi-Procedural Grounds

The Mexican arm of Walmart (known as Wal-Mex) has been at the center of several Walmart lawsuits recently. The latest, involving allegations that top brass at Walmart knowingly engaged in violations of the Foreign Corrupt Practices Act, has been dismissed by the Eighth Circuit, largely on quasi-procedural grounds and particularity.

Litigators, should take note: Demand clear specifics from your clients when they allege fraudulent activity. It could defeat a dismissal.

8th Circuit Affirms Denial of SSDI Benefits for Injured Vet

The Eighth Circuit affirmed an administrative court's ruling of denial of SSI benefits for injuries a soldier sustained while in combat in Iraq. The issue at hand involved whether or not the petitioning soldier was injured enough to be eligible.

The outcome of this review should be used as a means to warn injured plaintiffs to follow a medical regimen with painstaking care.

Repeat Offender Egg Seller Gets Jail Time for Filthy Practices

Jack DeCoster and his son Peter will serve three months in jail and be fined $100,000 each for having violated food safety regulations.

Among the facts that have horrified interested parties include a salmonella contamination reading of 3,900 percent higher than the national average, as well as dead rodents decaying in the laying area. Hungry, anyone?

Iowa Nurses Won't Get Raises Under CBA

In what has been described by some lawyers as shocking and troubling, the Eighth Circuit has ruled that an Iowa hospital was not incorrect in freezing nurses' raises after their collective bargaining agreement expired.

If the ruling remains on the books, it stands to fundamentally change the tenor and validity of CBAs around the country -- especially those within middle America.