Articles Posted in US Court of Appeals for the Eighth Circuit

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Plaintiffs filed suit against defendants under the Endangered Species Act, 16 U.S.C. 1531 et seq., seeking to enjoin defendants' mistreatment of endangered species. The Eighth Circuit affirmed the district court's order that the endangered species be transferred to another facility and denied plaintiffs' request for attorney fees and costs. Determining that plaintiffs had standing, the court held that the district court did not err in finding defendants had harassed the lemurs by keeping them in social isolation; by not developing, documenting, and following an appropriate plan for environmental enhancement; and by not providing clean water and sanitary conditions. The district court also did not err by ruling that defendants had injured, and thereby harmed, the tigers by failing to provide timely and appropriate veterinary care. Furthermore, the decision to imposed upon defendants the responsibility of finding an appropriate, licensed facility for the lemurs and tigers was well within the district court's broad equitable powers. The court held that the circumstances of this case justified the denial of attorney fees and costs. The court rejected the remaining arguments and affirmed the judgment. View "Kuehl v. Sellner" on Justia Law

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Plaintiffs filed suit against defendants under the Endangered Species Act, 16 U.S.C. 1531 et seq., seeking to enjoin defendants' mistreatment of endangered species. The Eighth Circuit affirmed the district court's order that the endangered species be transferred to another facility and denied plaintiffs' request for attorney fees and costs. Determining that plaintiffs had standing, the court held that the district court did not err in finding defendants had harassed the lemurs by keeping them in social isolation; by not developing, documenting, and following an appropriate plan for environmental enhancement; and by not providing clean water and sanitary conditions. The district court also did not err by ruling that defendants had injured, and thereby harmed, the tigers by failing to provide timely and appropriate veterinary care. Furthermore, the decision to imposed upon defendants the responsibility of finding an appropriate, licensed facility for the lemurs and tigers was well within the district court's broad equitable powers. The court held that the circumstances of this case justified the denial of attorney fees and costs. The court rejected the remaining arguments and affirmed the judgment. View "Kuehl v. Sellner" on Justia Law

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The Eighth Circuit reversed the district court's denial of qualified immunity against a trooper who shot and killed plaintiff's dog when the dog ran onto a highway and obstructed traffic. The court held that the issue was not whether the trooper had the authority to seize the dog, but whether the degree of force he employed was reasonable to accomplish the necessary seizure. In this case, the trooper's actions were objectively reasonable under the circumstances and he was entitled to qualified immunity. Even assuming a constitutional violation, the trooper was entitled to qualified immunity because his conduct did not violate a clearly established Fourth Amendment right. Plaintiff has not cited, and the court has not found, any case concluding that an officer violated the Fourth Amendment when he shot and killed an unrestrained, unsupervised dog creating a serious risk to public safety and avoiding numerous attempts to control him without force. View "Hansen v. Black" on Justia Law

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Defendant, a corporal in the Arkansas Game and Fish Commission (AGFC), appealed the denial of his motion to dismiss claims related to the search of a residence. The district court determined that defendant was not entitled to qualified immunity because a reasonable officer would have known that a warrant should not have issued based on the information he provided to the issuing court. The Eighth Circuit reversed, holding that it was not entirely unreasonable for defendant to believe that his affidavit established sufficient indicia of probable cause for the search and seizure of the items listed in the warrant. In this case, the affidavit provided probable cause to seize a deer, based on an anonymous tip and a recorded jailhouse call. Furthermore, the items described in the warrant were relevant to the criminal offense under investigation, as they directly related to the existence, capture, and maintaining of a pet deer. View "Kiesling v. Spurlock" on Justia Law