John M Baker

February 23, 2022 | Law.com

The court remanded the case for the injunction to be retailored to apply only to the schools and districts attended by plaintiffs' children.

By John M. Baker and Katherine M. Swenson

6 minute read

January 19, 2022 | Law.com

The court affirmed the grant of summary judgment on all claims brought by a former Iowa administrative law judge who alleged that her employment was terminated to retaliate against her for testimony she had given in a state legislative investigation about inappropriate political influence within the agency where she worked.

By John M. Baker and Katherine M. Swenson

7 minute read

December 16, 2021 | Law.com

In 'LeMay v. Mays', the court provided guidance regarding the role of videorecordings and police reports as evidence at the Rule 12 stage, holding that a police officer who shot two dogs during a residential security check was not entitled to qualified immunity.

By John M. Baker and Katherine M. Swenson

7 minute read

November 10, 2021 | Law.com

The court recently affirmed the denial of a motion to suppress evidence obtained after a traffic stop that was ostensibly based on a crack in the windshield that did not go all the way across the windshield and did not obstruct the driver's view.

By John M. Baker and Katherine M. Swenson

8 minute read

October 18, 2021 | Law.com

The Eighth Circuit holds that tweeting link to article (which itself did not sustain a defamation lawsuit) meets "actual malice" standard.

By John M. Baker and Katherine M. Swenson

7 minute read

September 15, 2021 | Law.com

Last month the Eighth Circuit decided two appeals involving First Amendment challenges to state laws affecting the ability of animal-rights organizations to conduct undercover investigations of industrial animal agriculture operations.

By John M. Baker and Katherine M. Swenson

7 minute read

July 14, 2021 | Law.com

The panel upheld a district court decision to preliminarily enjoin enforcement of two provisions that once again tested the distinction between outright bans on certain pre-viability abortions—which are categorically prohibited under the Supreme Court's decision in 'Planned Parenthood of Southeast Pennsylvania v. Casey'—and regulations that impose conditions on, but do not prohibit, pre-viability abortions.

By John M. Baker and Nicholas Scheiner

10 minute read

June 16, 2021 | Law.com

In twin opinions released May 27, the Eighth Circuit dispelled the impression that, even in a court dominated by nominees of Republican presidents, qualified immunity will inevitably block challenges to police officers' use of deadly force or Tasers.

By John M. Baker

10 minute read

May 21, 2021 | Law.com

On April 27, in 'Ahmad v. City of St. Louis', the Eighth Circuit exercised jurisdiction over a challenge to a preliminary injunction before trial and over one year after the injunction was entered. Without ruling that the district court had committed error or abused its discretion, the panel majority gave the district court six months to enter final relief; otherwise the preliminary injunction must end.

By John M. Baker

17 minute read

April 19, 2021 | Law.com

In 'Luer v. Clinton', the Eighth Circuit held that the "community caretaker" exception justified officers' 3 a.m. entry into plaintiffs' home in search of a suspect who failed to pay a cab fare, but did not justify search of the home.

By John M. Baker and Katherine M. Swenson

7 minute read