Stephen Hale Anderson
Judge Anderson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Anderson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Anderson held that release on parole did not cure a prisoner's failure to exhaust administrative remedies while incarcerated.
“we find no authority directly supporting the notion that an inmate’s release on parole excuses his or her non-compliance with the statute while still incarcerated, and we hold that there is no exemption under the circumstances presented here.”
Anderson holds there is no Fourth Amendment expectation of privacy in identifying information a user voluntarily conveys to an internet service provider.
“Every federal court to address this issue has held that subscriber information provided to an internet provider is not protected by the Fourth Amendment's privacy expectation.”
He defers to a federal agency's reasonable construction of an ambiguous statute it administers.
“we must defer to the BIA's interpretation unless it is “arbitrary, capricious, or manifestly contrary to the statute.””
Procedural preferences
He treated revocation rather than drug-treatment enrollment as a discretionary choice when the record supported the district court.
“we conclude the district court did not abuse its discretion in imposing revocation rather than enrollment in a drug treatment program.”
He requires a plaintiff to file a fresh administrative charge to exhaust discrete post-complaint retaliation before suing on it.
“a plaintiff must exhaust administrative remedies as to discrete acts of alleged retaliation that involve the filing of a counterclaim in federal court.”
He treats a sentencing court's discretionary refusal to depart from the Guidelines as unreviewable unless the court believed it lacked authority to depart.
“Courts of appeal cannot exercise jurisdiction to review a sentencing court's refusal to depart from the Guidelines, either upward or downward, unless the court refused to depart because it interpreted the Guidelines to deprive it of the authority to do so.”
Cautions
Anderson warned that repeating frivolous tax arguments could lead to sanctions.
“We caution Mr. Landess that he may be subject to sanctions if he files further specious appeals relating to his taxes, penalties or interest for the years addressed herein.”
Anderson construes waivers of the United States' sovereign immunity narrowly, declining to extend a remedy Congress did not clearly authorize.
“waives the sovereign immunity of the United States from an ADEA action seeking solely compensatory damages for emotional distress arising from retaliation for engaging in protected conduct. We hold that it does not.”
He holds that general consent to a search does not authorize an officer to destroy or render useless the container being searched.
“before an officer may actually destroy or render completely useless a container which would otherwise be within the scope of a permissive search, the officer must obtain explicit authorization, or have some other, lawful, basis upon which to proceed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“we REMAND for resentencing in accordance with”
“our previous opinion affirming Nichols’ conviction is REINSTATED, and the case is REMANDED to the district court for resentencing.”
“The district court’s revocation order is therefore AFFIRMED.”
“The judgment of the United States District Court for the District of Kansas is AFFIRMED.”
“The district court’s judgment of dismissal is AFFIRMED.”
“The judgment of the district court is AFFIRMED.”
“Thomas’ request for a certificate of appealability is DENIED and the appeal is DISMISSED.”
“we AFFIRM the denial of Martin’s motion to suppress.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Anderson no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.