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Criminal and Employment Discrimination Decisions

By FindLaw Staff on February 19, 2010 2:10 PM

The Eighth Circuit decided three cases today, one of which concerned Iowa's anti-spam law, and was discussed separately here.  The other two were an Americans with Disabilities Act action and a criminal matter.

In Lors v. Dean, No. 09-1382, plaintiff brought an Americans with Disabilities Act action claiming that defendant employer removed plaintiff from a team leader position based on his disability (diabetes).  The district court granted summary judgment for defendant.

The Eighth Circuit affirmed, holding that plaintiff did not demonstrate that he suffered an adverse employment action because of his diabetes.

In US v. Estey, No. 09-1950, defendant was convicted, after a trial, of possession and receipt of child pornography.

The court of appeals affirmed, on the grounds that: 1) the totality of the circumstances did not indicate that defendant's will was overborne by the conduct of the law enforcement agents who interviewed him; 2) evidence developed within several months of an application for a search warrant for a child pornography collection and related evidence was not stale; and 3) defendant's use of a file-sharing network amounted to "the receipt of, expectation of receipt, or thing of value, but not for pecuniary gain" under U.S.S.G. section 2G2.2(b)(3)(B).

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