WOLLMAN , Circuit Judge . The Minnesota Department of Public Safety (DPS) maintains a database of driver's license data (DPS database). It is the alleged misuse of that database information which is the subject of these appeals. A number of Minnesota driver's license holders (plaintiffs) brought suit against numerous cities, counties, and other government entities (local entities); numerous unknown law enforcement or other government personnel, and supervisors, officers, deputies, staff,...
BYE , Circuit Judge . David Lynn Jones, a singer and songwriter doing business as Skunk Deville Music, sued West Plains Bank and Trust Company (West Plains Bank) and Roger Thompson for copyright infringement and conversion. The district court granted West Plains Bank's and Thompson's motion to dismiss Jones's claim for copyright infringement and denied Jones's motion for leave to file an amended complaint. The district court then entered final judgment dismissing with prejudice the...
SHEPHERD , Circuit Judge . Appellee Stuart Wright filed suit against Deputy United States Marshals Sean Franklin and Christopher Wallace (the "Marshals") seeking damages pursuant to Bivens. 1 The Marshals moved for summary judgment based on qualified immunity, and the district court denied their motion. The Marshals brought an interlocutory appeal. We declined to address the merits of the appeal and remanded the case so that the district court could properly make findings of fact and...
RILEY , Chief Judge . Online Resources Corporation (ORCC) and ACI Worldwide, Inc. (ACI, and collectively, ACI Worldwide) appeal from a March 2, 2015, order and judgment of the district court 1 denying ACI Worldwide's motion for partial summary judgment and granting partial summary judgment to Joao Bock Transaction Systems, LLC (JBTS). For the reasons stated below, we dismiss for lack of appellate jurisdiction. I. BACKGROUND ACI provides online banking products to financial institutions...
BEAM , Circuit Judge . Jay Wolfe Used Cars of Blue Springs, LLC, along with its managing company, Wolfe Automotive Group, LLC, (Wolfe) appeals the district court's 1 adverse grant of summary judgment in its suit against Universal Underwriters Insurance Company (Universal) seeking coverage. We affirm. I. BACKGROUND Wolfe, a Missouri used-car dealership, is insured under two policies issued by Universal. One policy provides up to $500,000 for indemnity from and defense against suits for...
MELLOY , Circuit Judge . In 2013, voters of Benton County Sewer District No. 1 ("District") voted to dissolve the District, as permitted under Missouri law. The day before the election, the United States filed the present lawsuit on behalf of the U.S. Department of Agriculture ("USDA") to enjoin dissolution of the District. A Voter Representative Group ("Group"), which consists of four individuals who are all District voters, customers, ratepayers, and property owners, seeks to intervene in...
COLLOTON , Circuit Judge . Benjamin Burris is a dentist in Arkansas who owns two corporations that operate eleven orthodontic offices in the state. He holds a license from the State as an orthodontic specialist but also provided low-cost teeth-cleaning services to non-orthodontic patients at several of his offices during 2013. The cleanings were performed by dental hygienists under the supervision of orthodontists. In a letter dated June 2013, the Arkansas State Board of Dental Examiners...
LOKEN , Circuit Judge . The Adult Drug Court, part of Missouri's 45th Judicial Circuit, is a post-plea program in which non-violent drug offenders' sentences provide treatment and rehabilitation and avoid felony convictions. In this 42 U.S.C. 1983 action, five female Drug Court participants (collectively, "plaintiffs") seek damages for injuries resulting from sexual abuse by Scott Edwards, a Lieutenant in the Lincoln County Sheriff's Department, while he acted as "tracker" for the Drug...
MELLOY , Circuit Judge . Ivan Israel Torres-Balderas petitions for review of an order of the Board of Immigration Appeals affirming an immigration judge's denial of his application for cancellation of removal. The BIA determined Torres-Balderas failed to establish the continuous presence requirement and, therefore, was ineligible for cancellation of removal. Because substantial evidence supports this determination, we affirm the denial of relief and deny the petition for review. I....
SHEPHERD , Circuit Judge . This appeal concerns whether a conviction by court-martial may qualify as a serious violent felony under 18 U.S.C. 3559(c), the federal three strikes law. The District Court 1 sentenced Richard Shaffer to life in prison under 3559(c) based on a prior court-martial conviction. Shaffer now appeals. We affirm. I. On February 10, 2014, Shaffer pled guilty to one count of bank robbery in violation of 18 U.S.C. 2113(a). Shaffer had approached a bank teller and...
BENTON , Circuit Judge . DNA evidence exonerated Joseph E. White and the five other plaintiffs of rape and murder. They sued Gage County and the officers involved in their case. After an appeal from summary judgment and a mistrial on remand, the district court dismissed plaintiffs' conspiracy claim and all claims against Gage County. The district court denied qualified immunity to the officers. Having jurisdiction under 28 U.S.C. 1291, this court reverses and remands the dismissal, and...
BEAM , Circuit Judge . Appellants, members of the Linn State Technical College 1 Board of Regents acting in their official capacities, and Donald M. Claycomb, President of Linn State Technical College ("Linn State" or "the College"), appeal the district court's grant of a permanent injunction and subsequent grant of attorneys' fees in favor of Appellees. We reverse. I. BACKGROUND This matter is before us a second time. In Barrett v. Claycomb, 705 F.3d 315 (8th Cir.2013) ( "Barrett" ")...
MURPHY , Circuit Judge . The Minnesota legislature enacted the Individual Providers of Direct Support Services Representation Act on May 20, 2013 to allow homecare providers for Medicaid program participants to unionize. Six homecare providers brought this action against Governor Mark Dayton, Bureau of Mediation Services ("BMS") Commissioner Josh Tilsen, Minnesota Department of Human Services Commissioner Lucinda Jesson, and SEIU Healthcare of Minnesota ("SEIU"), alleging that the law is...
MELLOY , Circuit Judge . Federal inmate Nathaniel Green appeals the district court's 1 denial of his 28 U.S.C. 2241 petition challenging the United States Parole Commission's (the "Commission") denial of early release pursuant to 18 U.S.C. 4206(d). We affirm the judgment of the district court. In 1980, at age twenty-four, Nathaniel Green kidnaped a seventeen-year-old woman and stabbed her seventeen times. One stab wound fatally severed her jugular vein. Green transported her across...
KELLY , Circuit Judge . Douglas Weiher appeals the district court's grant of summary judgment allowing Northwestern Mutual Life Insurance Company (Northwestern) to rescind a disability insurance policy. Because we conclude Northwestern was not entitled to summary judgment, we reverse and remand. 1 I. Background Weiher lived in Minnesota and practiced dentistry in Wisconsin. In 2009, he owned two disability insurance policies: a Unum group disability policy, and a Great-West Life and...
MELLOY , Circuit Judge . A jury convicted Donald R. Nash of capital murder in violation of section 565.001 of the Revised Statutes of Missouri (1978) in 2009. Following an unsuccessful appeal to the Missouri Supreme Court, Nash filed this 28 U.S.C. 2254 habeas corpus petition. He argues that his conviction is not supported by sufficient evidence and his constitutional rights were violated by Missouri's "direct connection rule," under which the trial court excluded evidence of a third-...
PER CURIAM . In each of these four direct criminal appeals, the defendant-appellant filed an opening brief challenging the sentence imposed by the district court. In each case, the government has filed a Motion To Dismiss Appeal, arguing that the defendant entered into a voluntary plea agreement broadly waiving his right to appeal, the issues raised are within the scope of the appeal waiver, and we should enforce the waiver and dismiss the appeal. The appellants argue that the appeal waivers...
MURPHY , Circuit Judge . Spectra Communications Group, LLC (Spectra) brought this action against the City of Cameron (the City), alleging that the City had violated federal and Missouri law by requiring Spectra to comply with a local ordinance governing public rights of way. The district court 1 dismissed one of Spectra's federal claims for failure to state a claim and, in light of parallel state court proceedings, later dismissed Spectra's remaining claims on the basis of res judicata...
PER CURIAM . Death row inmate Ernest L. Johnson moves for a stay of his execution scheduled for November 3, 2015, at 6:00 p.m., pending full briefing and argument of his appeal from the district court's 1 dismissal of his complaint filed under 42 U.S.C. 1983. We deny his motion for a stay. I. Johnson underwent a craniotomy surgical procedure in 2008 to remove a brain tumor. After this surgery, a portion of the tumor remained. The surgery also resulted in a brain defect and scarring...
MURPHY , Circuit Judge . Clarence Cosby, a former employee at Steak N Shake (SNS), brought this action in state court under the Missouri Human Rights Act alleging race and disability discrimination, retaliation, and constructive discharge by SNS. After the case was removed to the Eastern District of Missouri, the district court 1 granted summary judgment to SNS. Cosby now appeals the judgment dismissing his disability discrimination and constructive discharge claims. We affirm. I. On...
