Katherine M Swenson
February 23, 2022 | Law.com
Eighth Circuit: Parents of Disabled Children at Heightened Risk From COVID-19 Entitled to Injunction Against Iowa Law Prohibiting Mask Requirements in SchoolsThe 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
Eighth Circuit: Former ALJ's First Amendment Retaliation Claim Was Properly Resolved at Summary JudgmentThe 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
Eighth Circuit: Videos, Police Report Are Not Dispositive at Rule 12 Stage of Whether Officer's Shootings of Dogs Were Objectively ReasonableIn '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
Eighth Circuit: Traffic Stop Justified by Mistake of Fact About Vehicle's Cracked WindshieldThe 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
Eighth Circuit: Tweet Meets 'Actual Malice' StandardThe 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
Eighth Circuit Issues Two Rulings on State 'Ag-Gag' LawsLast 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
April 19, 2021 | Law.com
Eighth Circuit: Officers' Entry Into Home Was Justified, But Search Was NotIn '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
January 21, 2021 | Law.com
Eighth Circuit Holds Lower Court Applied Law in 'Objectively Unreasonable' MannerIn 'Finch v. Payne', the circuit court affirmed a grant of habeas corpus based on "objectively unreasonable" determination that defendant did not invoke right to represent himself.
By John M. Baker and Katherine M. Swenson
6 minute read
October 23, 2020 | Law.com
Eighth Circuit Decides Fourth Amendment Issue of First ImpressionCourt holds that probable cause is required to justify seizing a person for emergency mental-health evaluation.
By John M. Baker and Katherine M. Swenson
6 minute read
October 21, 2020 | Law.com
No Clearly Established Due Process Right to Informational Privacy, Says Eighth CircuitEighth Circuit holds that there is no clearly established due process right to informational privacy for purposes of qualified immunity.
By John M. Baker and Katherine M. Swenson
7 minute read
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