Eighth Circuit Archives - Page 2 of 17 - Nyemaster Goode On Brief

Appeal filed in federal constitutional challenge to Iowa gender-balance law for State Judicial Nominating Commission

Two Iowans who are seeking to enjoin enforcement of an Iowa statute requiring gender balance on the State Judicial Nominating Commission are taking their challenge to the U.S. Court of Appeals for the Eighth Circuit.

Rachel Raak Law of Correctionville and Micah Broekemeier of Iowa City read more

Three Des Moines police officers denied immunity by U.S. Court of Appeals in traffic stop case

by Rox Laird | 9.27

Three Des Moines police officers who violated the constitutional rights of a Des Moines man by making a traffic stop without reasonable suspicion of a crime are not entitled to qualified immunity from personal liability, the U.S. Court of Appeals for the Eighth Circuit read more

Federal court to hear appeal on Council Bluffs’ pit-bull dog ban

by Rox Laird | 9.21

May a city legally ban the possession of a certain breed of dog – such as so-called pit bulls – on the rationale that the breed is responsible for more injuries than other dog breeds?

That question will be ar …

Des Moines detectives not protected by qualified immunity, federal appeals court rules

by Rox Laird | 8.10

Two Des Moines police detectives are not entitled to qualified immunity from civil liability for violating the Fourth Amendment rights of a woman who resisted their efforts to have access to her minor daughter suspected of being the victim of physical abuse, the U.S. Court of Appeals for the Eighth Circuit read more

Eighth Circuit Court of Appeals affirms dismissal of former City of Cedar Falls employee’s claims against the city

by Nathan Wegmann | 6.20

Michelle Brandt, a long-time Cedar Falls city employee, brought claims against the city and several employees stemming from her time working for the city as well as her termination in 2018. Brandt brought claims for interference with and retaliation for her exercise of Family and Medical Leave Act (FMLA) rights, and claims …

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October 2024 Opinion Roundup

The Iowa Supreme Court entered opinions in eight cases in October 2024. In addition to Rox Laird’s analysis of State of Iowa v. William Noble Chaiden Miller and Katherine Avenarius and Paul Avenarius v. State of Iowa summarized on this blog, the remaining opinions from October are summarized below.

Iowa Supreme Court to hear arguments in eight cases Nov. 13-14

The Iowa Supreme Court will hear arguments in eight cases Nov. 13 and Nov. 14. Five other cases will be submitted to the Court without oral argument. Following are brief summaries of the November cases.

Iowa Supreme Court deadlocks on specifics required for liability waivers

When Dubuque police officer Katherine Avenarius accidentally shot herself in the leg while attending an Iowa Law Enforcement Academy firearms instructor school, she sued the academy claiming her injury was the result of an instructor’s advice on how to handle her firearm that contradicted how she had previously been trained. The State, which operates the academy, argued Avenarius signed a “clear and unequivocal” waiver and release of liability.

Iowa Supreme Court upholds minimum prison term for juvenile convicted of murder

The Iowa Supreme Court upheld a 35-year minimum prison sentence for a Fairfield juvenile who pleaded guilty to first degree murder for the death of his high school Spanish teacher. In its unanimous decision, the Court rejected the defendant’s argument that, under the Iowa Constitution, the State must present expert testimony showing a minimum sentence is necessary for a juvenile offender.

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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.

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