640 F.3d 869 (2011) In re Complaint of John DOE. [1] JCP No. 08-11-90009. Judicial Council of the Eighth Circuit. March 30, 2011. *871 WILLIAM JAY RILEY, Chief Judge. I. INTRODUCTION This is an amended judicial complaint filed by a civil litigant on February 17, 2011, against the United States district judge who dismissed his lawsuit. [2] The complaint specifies three instances of alleged misconduct, which I consider in turn. II. ANALYSIS A. Conflict of Interest First, the complainant says...
BYE, Circuit Judge. Cindy Tripp suffered injuries in a motor vehicle accident and settled her claims against the at-fault driver. She then sought $150,000 from her own insurer, Western National Mutual Insurance Company (Western), an amount which represented the remaining limits of her underinsured motorist (UIM) coverage. When Western only offered $10,000 to settle the UIM claim, Tripp brought suit asserting claims of breach of contract and bad faith. After a jury awarded Tripp the full amount...
GRUENDER, Circuit Judge. In these consolidated appeals regarding continuing school desegregation efforts in the Little Rock, Arkansas metropolitan area, North Little Rock School District ("NLRSD") and Pulaski County Special School District ("PCSSD") each appeal the district court's denial of their petitions for a declaration of unitary status, opposed by appellee intervenors representing the class of black children harmed by segregation ("Joshua Intervenors"). In addition, NLRSD and PCSSD join...
SHEPHERD, Circuit Judge. Appellant Keith Thompson brought suit against Air Transport International LLC (ATI) alleging ATI violated his rights under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., and under the Arkansas Civil Rights Act (ACRA), Ark.Code Ann. 16-123-101 et seq. The district court dismissed, finding Thompson's claims were subject to a mandatory arbitration provision contained in a collective bargaining agreement between Thompson's union and ATI. 1...
RILEY, Chief Judge. Jane Doe sued Aesthetic Surgery Associates, Inc., doing business as Body Aesthetic Plastic Surgery & Skin Care Center (Body Aesthetic), and three of its surgeons—V. Leroy Young, M.D., Robert Centeno, M.D., and C.B. Boswell, M.D. (collectively, appellees)—claiming they invaded her privacy and breached the fiduciary duty of confidentiality they owed to her when they gave nude photographic images of her body to a newspaper, which published the images. A jury found in favor of...
RILEY, Chief Judge. Retha Weems brought suit against Tyson Foods, Inc., claiming workplace gender discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., and the Arkansas Civil Rights Act of 1993, Ark.Code Ann. 16-123-101, et seq. The jury returned a verdict in Weems' favor, and the district court entered judgment against Tyson for $708,994. We reverse and remand for a new trial, because improperly admitted compromise evidence materially prejudiced the...
SCHREIER, District Judge. Teresa Wagner appeals the district court's grant of summary judgment dismissing her 42 U.S.C. 1983 suit against Carolyn Jones, who was then the Dean of the University of Iowa's College of Law. Wagner alleges that Dean Jones discriminated against her in violation of her First Amendment rights of political belief and association when Wagner was not hired to be a full-time Legal Analysis, Writing, and Research (LAWR) instructor or a part-time adjunct LAWR instructor....
COLLOTON, Circuit Judge. Joe Phillips, building commissioner and Auxiliary Reserve Police Officer for Velda City, Missouri, stopped Jennifer Johnson's vehicle, arrested her, and searched her car. Johnson presented evidence that Phillips then directed her to follow him to an empty parking lot, and that he sexually assaulted her. Johnson sued Phillips under 42 U.S.C. 1983 for violations of her constitutional rights. The district court concluded that Phillips was not entitled to qualified...
MURPHY, Circuit Judge. Angela Block sued Brooklyn Park Motors and several Toyota affiliates in Minnesota state court after her son was killed and her daughter seriously injured in a crash with a 1996 Toyota Camry. In her capacity as trustee and guardian and also individually, Block asserted claims of wrongful death and personal injury based on strict products liability, negligence, and fraud. After defendants removed the case to federal court, Block filed a motion to remand arguing that...
RILEY, Chief Judge. Arboleda A. Ortiz, a federal prisoner awaiting execution on two death sentences, appeals the district court's denial of his petition to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. On appeal, we review Ortiz's claims that (1) he is mentally retarded and therefore ineligible for execution under Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) ( Atkins claim), and (2) the ineffective assistance of his counsel during the...
GRUENDER, Circuit Judge. In 2005, Edward Raifsnider pled guilty to a federal firearm violation pursuant to a written plea agreement. In 2008, he was indicted on federal fraud charges, and he subsequently moved to dismiss the indictment as precluded by the 2005 plea agreement. After the district court 1 denied the motion to dismiss, Raifsnider pled guilty but reserved the right to appeal the preclusion issue. See Fed.R.Crim.P. 11(a)(2). Raifsnider now challenges the district court's failure...
RILEY, Chief Judge. A jury convicted Devan Rodez Casteel (Casteel) of carjacking in violation of 18 U.S.C. 2119, and using or carrying a firearm in relation to a crime of violence in violation of 18 U.S.C. 924(c)(1)(A)(ii). Casteel appeals, arguing (1) the district court 1 abused its discretion by denying his motion to sever his trial from that of his father, Tiran Rodez Casteel (Tiran); (2) the evidence was insufficient to convict him of carjacking; and (3) the denial of severance and...
WOLLMAN, Circuit Judge. Community Finance Group, Inc. and its general manager Andrew Vilenchik (collectively referred to as "CFG" or "plaintiffs"), appeal the district court's 1 dismissal of their claims for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure. Because the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. 1330, 1602 et seq., applies to all defendants and no exception to sovereign immunity exists in this case, we affirm....
SMITH, Circuit Judge. James Dunham, on behalf of himself and others similarly situated, sued Portfolio Recovery Associates, LLC (PRA), alleging claims under the Federal Debt Collection Practices Act (FDCPA). PRA filed a motion for summary judgment, arguing that Dunham lacked standing because he is not a "consumer" under the FDCPA. Agreeing, the district court 1 granted PRA's motion for summary judgment. Dunham challenges this ruling on appeal. For the following reasons, we affirm the judgment...
MELLOY, Circuit Judge. Plaintiffs bring this class action suit against a variety of defendants, alleging that each improperly obtained personal driver information from the Missouri Department of Revenue ("DOR") in violation of the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. 2721-2725. Plaintiffs base their claims on two separate theories: (1) The bulk obtainment of personal information, which allows a company to "stockpile" information for the sake of convenience when a permissible...
MELLOY, Circuit Judge. Ralph Armstrong was convicted in Arkansas state court of two counts of capital murder and sentenced to life imprisonment without the possibility of parole for killing his estranged wife and their unborn child. At trial, the court excluded under a state rule exculpatory evidence pointing to the guilt of two other women. That rule admits such evidence only where there is a direct link between the crime and the third parties implicated. Armstrong now seeks federal habeas...
MELLOY, Circuit Judge. This appeal comes to us from two consolidated suits brought under the Uniform Trade Secrets Acts of Indiana and Missouri. Both suits involve information about the repair and overhaul of helicopter engines published by Appellee Rolls-Royce Corp. Rolls-Royce sought damages and injunctive relief for alleged trade secret violations. Appellant AvidAir Helicopter Supply Inc. sought a declaration that the information in question was not protected by trade secret law. AvidAir...
MELLOY, Circuit Judge. On February 9, 2011, a jury found Gustine Evelyn Augustine guilty of being a prohibited person in possession of firearms and ammunition. 18 U.S.C. 922(g)(1), (3). The district court 1 imposed a sentence of twenty-four months, varying downward from the Guidelines range of forty-six to fifty-seven months. On appeal Augustine challenges the district court's evidentiary rulings, her conviction, and her sentence. We affirm. I. Background Since at least 1998, Augustine...
SHEPHERD, Circuit Judge. After a month-long trial and five days of deliberations, a jury convicted Thomas Joseph Petters of ten counts of wire fraud in violation of 18 U.S.C. 1343, 2; three counts of mail fraud in violation of 18 U.S.C. 1341, 2; one count of conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. 371; one count of conspiracy to commit money laundering, in violation of 18 U.S.C. 1956(h); and five counts of money laundering, in violation of 18 U.S.C....
LOKEN, Circuit Judge. Gerald Elam was convicted in Missouri state court and sentenced to life in prison for the first degree murder of his grandfather, armed criminal action, and second-degree arson. The Missouri Court of Appeals affirmed, rejecting Elam's contention that the trial court erred in finding him competent to stand trial. State v. Elam, 89 S.W.3d 517 , 522 (Mo.Ct.App.2002). Elam moved for post-conviction relief on many grounds, including a claim that trial counsel provided...
