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

March 2015 Archives

The Eight Circuit has upheld the conviction, on sexual abuse and molestation charges, of a South Dakota man found to have abused several young girls, including his nieces, near the Rosebud Indian Reservation.

Randy Never Misses A Shot had been convicted of five counts of child related sexual abuse. He appealed, arguing, in part, that the court had erred in allowing six witnesses to testify about similar sexual assaults he committed and in refusing to allow him to introduce evidence that one of his alleged victims had been previously molested by others.

The Eight Circuit affirmed his conviction, rejecting his claims.

8th Cir. Upholds UMKC Lecturer's Firing for Speaking Out

After Henry Lyons gave a student athlete an "F" in his course at the University of Missouri at Kansas City, a university committee determined that the student should get a second chance. The paper, graded by the committee, got a D+.

Lyons complained to the school's chancellor about the preferential treatment afforded student athletes and asked for an investigation. The university didn't offer him a job for the next semester, which Lyons said was retaliation for speaking out about the treatment of student athletes, a violation of his First Amendment rights.

Marketing Co. 'Brand Advocates' Entitled to Overtime: 8th Cir.

From the Eighth Circuit comes another in the increasingly lengthy list of lessons that courts do not like it when employers creatively classify employees in order to circumvent labor laws.

ActionLink, a marketing company, partners with electronics and appliance companies, like LG, to provide "brand advocates" who go into stores to convince employees to push their clients' products.

A sheriff's deputy in South Dakota, accused of using excessive force in shooting and killing a young man, is not summarily protected from suit by qualified immunity, the Eighth Circuit held on Monday.

Christopher Capps, a 22-year-old member of the Lakota Sioux tribe, was shot and killed by Deputy David Olson in 2010. When Capps' parents sued, Olson argued that he was protected by qualified immunity. The facts alleged put that into question, the court found. Olson's alleged use of excessive force would have violated Capps' constitutional rights and prevented Olson from being covered by qualified immunity. Thus, the factual dispute must be determined at trial.