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17 Dec 2021, 1:54 pm by Andrew Hamm
Court of Appeals for the 8th Circuit wrongly denied qualified immunity to Officer Shelby Hawkins by finding the use of force was not reasonable as a matter of law when Hawkins had probable cause to believe there was a threat of serious physical injury or death; and (2) whether the 8th Circuit wrongly denied qualified immunity to Hawkins in the absence of any precedent finding a Fourth Amendment violation based on similar facts. [read post]
17 Dec 2021, 4:15 am by Howard Friedman
On Wednesday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Religious Sisters of Mercy v. [read post]
12 Dec 2021, 1:09 pm by Dennis Crouch
”[12]: The Eighth Circuit’s general balancing test, requiring “that state law rights of publicity must be balanced against first amendment considerations. [read post]
10 Dec 2021, 1:54 pm by Andrew Hamm
Court of Appeals for the 8th Circuit decision upholding a similar Iowa law concerning agricultural facilities. [read post]
4 Dec 2021, 4:33 am by SHG
Leveringston, 397 F.3d 1112, 1116 (8th Cir. 2005) (noting that officers may draw reasonable inferences when evaluating whether exigent circumstances exist). [read post]
19 Nov 2021, 4:05 am by Howard Friedman
Pirc, (8th Cir., Nov. 18, 2021), the U.S. 8th Circuit Court of Appeals held that a Buddhist inmate's religious exercise was not substantially burdened by denying him separate Soto Zen religious services. [read post]
17 Nov 2021, 10:58 am by John Elwood
Court of Appeals for the 8th Circuit has improperly applied a higher standard for proving a defendant has waived arbitration than it applies to other contract clauses. [read post]
16 Nov 2021, 9:56 am by Eugene Volokh
The Sixth Circuit found that the district court's denial did not violate the media's constitutional right of access. [read post]
12 Nov 2021, 2:43 pm by Lawrence B. Ebert
HighTech Inst., 559 F.3d 874, 878 (8th Cir. 2009) (AAA rules); Qualcomm Inc. v. [read post]