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

December 2013 Archives

A Holiday Reading List for the 8th Circuit

If you're looking for some holiday reading material, have you considered looking into books on the Eighth Circuit?

Whether you're in transit or relishing your time off during the holidays, an exploration into the Eighth Circuit's history or the life of a judge may be the perfect way to keep your mind sharp over the winter lull -- with a mug of hot chocolate in hand, of course.

Not sure where to look? Don't worry, we've got that covered.

8th Cir. Clarifies Sec. 1983 Race Discrimination and Retaliation Law

The Eighth Circuit Court of Appeals recently preserved a high-profile employment discrimination case against the Arkansas State Capitol Police Chief Darrell Hedden over an African American officer's firing.

The case sheds light on qualified immunity from Section 1983 racial discrimination and retaliation claims.

8th Cir. Tosses Border Control's $38M Fines Against Union Pacific

A three-member panel of the Eighth Circuit Court of Appeals (mostly) upheld a lower court ruling that found U.S. border officials exceeded their authority when they imposed $38 million in fines against Union Pacific Corp. for failing to discover illegal drugs in Mexican-controlled railcars that crossed the U.S.-Mexico border into the US of A.

The case explores under what circumstances U.S. Customs and Border Protection have power to impose fines on railroad companies and seize railcars.

Allen Nicklasson Executed in Mo. After SCOTUS Lifts Stay

The U.S. Supreme Court lifted a stay of execution granted to Allen Nicklasson by the Eighth Circuit Court of Appeals, clearing the way for his execution. Late Wednesday night, Nicklasson was put to death nearly 23 hours after he was originally scheduled to die.

Nicklasson was put to death for the August 1994 murder of motorist Richard Drummond, who stopped on a highway to help Nicklasson and two others whose car had broken down, reports The Associated Press.

Mark Your Calendars for 8th Circuit's Adult Program Series

Whether you're a non-lawyer, law student, or an attorney who is in the vicinity of the Eighth Circuit Court of Appeals, the appeals court would be honored to have you in attendance at its program, "Understanding the Appeals Process," as part of its Adult Program Series. It's a touristy event geared towards non-legal folk, which makes it a perfect event for your young adult children to attend and learn a little about the legal process.

The event isn't until January, but space is limited. Here's some more information on the program:

White Supremacist Serial Killer Joseph Paul Franklin Executed

The week prior to Thanksgiving, Missouri executed Joseph Paul Franklin, a racist serial killer who targeted African Americans and Jews. He was also responsible for shooting Larry Flynt, the publisher of Hustler magazine.

His execution, held on November 21 in Missouri, was rife with controversy and spurred legal debate on capital punishment for the mentally ill and the use of certain drugs in executions.

Have No Fear, New Federal Rules of Appellate Procedure Are Here

On Sunday, December 1st, 2013, a handful of amendments to the Federal Rules of Appellate Procedure are scheduled to go into effect. The most significant change entails consolidation of Rule 28.

Here's a summary of the changes: