In Dahl v. Rice County, No. 09-1210, an action alleging constitutional violations resulting from plaintiff’s termination as a deputy sheriff, the court affirmed summary judgment for defendants where 1) there was no evidence that this single incident of the sheriff losing his temper represents a policy of the sheriff or of Rice County; 2) plaintiff was not “informing the public” that the department was engaged in “misfeasance, malfeasance or nonfeasance,” but rather he focused on the sheriff’s unpleasant demeanor; and 3) there was no evidence that the sheriff was authorized to assault employees, as would be necessary for him to prevail on a claim of procedural due process.

In US v. Kieffer, No. 09-3138, the court affirmed defendant’s conviction and sentence for mail fraud and making false statements, holding that 1) evidence of defendant’s acts outside the District of North Dakota were “inextricably intertwined” with, and “intrinsic” to, the allegations in the superseding indictment; 2) it was not clear or obvious that the prosecutor was commenting indirectly on defendant’s failure to testify; and 3) the record was replete with evidence to show defendant voluntarily and intentionally devised a scheme to defraud others into believing he was a licensed attorney and collecting substantial “fees” from them.

In US v. Perdoma, No. 09-3394, the court affirmed defendant’s conviction for possession with intent to distribute fifty grams or more of a substance containing methamphetamine where 1) because the officer had probable cause to believe that defendant possessed marijuana in violation of Nebraska law, defendant’s arrest did not violate the Fourth Amendment; and 2) the search was a valid search incident to arrest.

Related Resources

  • Full Text of Dahl v. Rice County, No. 09-1210
  • Full Text of Hurd v. Astrue, No. 08-3701
  • Full Text of US v. Kieffer, No. 09-3138
  • Full Text of US v. Perdoma, No. 09-3394

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