William Duane Benton
How Judge Benton rules, drawn from 58 signed orders. Every observation links to the order it came from.
About Judge Benton
William Duane Benton is a judge of the United States Court of Appeals for the Eighth Circuit. Appointed by President George W. Bush, Judge Benton received a commission on July 2, 2004. Judge Benton assumed senior status on June 21, 2026.
Judge Benton's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Benton's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Benton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Dubuque v. Boeing, Benton affirmed dismissal of a wrongful-discharge claim because the manuals the employee cited did not clearly prohibit the security debriefing procedure he had refused.
“The public policy exception is ‘narrow.’ Id. at 93. After de novo review, this court agrees with the district court that Dubuque failed to state a claim upon which relief can be granted because the manuals he cites do not clearly prohibit him from being debriefed in a SAP facility.”
Plain policy language controlled even when the insured argued that the resulting lack of coverage was unreasonable; ambiguity could not be inserted to create coverage.
“Castillo’s acts are not covered by the plain and ordinary meaning of the insurance policy here. See Engineering & Const. Innovations, Inc. v. L.H. Bolduc Co., 825 N.W.2d 695, 705 (Minn. 2013) (‘[W]e will not “read an ambiguity into the plain language of a policy in order to provide coverage.”’)”
In I-44 Truck Center, Benton held that the limitations period for collecting final OSHA penalties began when the penalties became final orders, and directed dismissal of the government’s untimely collection suit.
“The statute of limitations thus started to run when the penalties became final orders.”
In Terry v. Payne, Benton affirmed summary judgment for prison officials because the record showed medical monitoring and attempts to reduce cell heat, defeating the deliberate-indifference element.
“Even assuming that Terry could demonstrate an objectively serious medical need, he cannot show that prison officials deliberately disregarded it.”
Procedural preferences
A related municipal-liability claim could not proceed without a plausibly alleged underlying constitutional violation.
“Because Partridge and Schweikle failed to allege a Fourteenth Amendment violation, their related Monell claims were properly dismissed.”
An appellate claim was waived when omitted from the statement of issues and mentioned only briefly.
“Because Mahler’s brief does not include this claim in the statement of issues and mentioned it only briefly, she has waived this issue.”
The statutory 30-day deadline for seeking review of a removal order is a mandatory claim-processing rule that the court would not equitably toll.
“Section 1252(b)(1)’s plain text and statutory scheme rebut the presumption of equitable tolling.”
A challenge to a noncapital sentencing enhancement did not qualify for the actual-innocence gateway when the petitioner did not claim factual innocence of his conviction or predicate offenses.
“The actual innocence exception does not apply when a defendant challenges a noncapital sentence, rather than his factual innocence of the crime of conviction or the underlying state convictions.”
In Baker, Benton upheld admission of an investigator’s testimony about search patterns in similar cases. The testimony did not decide the defendant’s mental state for the jury, and the unpreserved Rule 704(b) objection failed on plain error review.
“Morlan testified about the usual searches by defendants in similar cases. Since the issue of Baker’s ‘mental state was left to the jury’s judgment,’ admitting this testimony was not an error, let alone a plain error.”
In Hall Trucking, Benton held that a challenge to the adequacy of existing safety measures did not preserve a separate argument that another regulation displaced the general duty clause. He treated that legal argument as waived because it was absent from the employer’s administrative review petition.
“Arguing that existing measures were adequate is not the same as arguing that 29 C.F.R. § 1926.601(b)(4) replaces the general duty clause. The argument is waived.”
In Parr v. Union Pacific, Benton rejected the employee’s challenge to the jury instruction limiting the relevant safety reports to December 2022 through February 2023 because he had not amended his complaint and the older reports were not tried by consent.
“never moved to amend the complaint, and the record does not show the issue was tried by consent.”
Cautions
A disparate-treatment complaint needed facts showing that the selected comparator was similarly situated and went through a comparable reinstatement process.
“Jones did not plead any facts showing that candidate was similarly situated or went through a reinstatement process. Her threadbare allegation does not survive a motion to dismiss.”
In Headley, Benton reversed the denial of qualified immunity to corrections officers because the complaint did not plead both elements of a deliberate-indifference claim arising from an incarcerated person’s suicide.
“Because the complaint did not properly plead both the subjective and objective elements of a deliberate indifference claim, the district court erred in denying the motion to dismiss on the grounds of qualified immunity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“This judgment is reversed and the case remanded for proceedings consistent with this opinion.”
“Hill's conviction was not untimely. ... The judgment is affirmed.”
“Sufficient evidence supported the jury's verdict that Bear Runner intended to defraud, steal, and embezzle.”
“The judgment is reversed, and the case remanded for proceedings consistent with this opinion.”
“The room with the firearms immediately adjoined the area at the bottom of the stairs. The protective sweep complied with the Fourth Amendment. ... The judgment is affirmed.”
“This court's precedent forecloses these arguments. See United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024) (holding post-Rahimi that 'there is no need for felony-by-felony litigation regarding the constitutionality of 922(g)(1)').”
“Clark's facial challenge is defeated by controlling precedent. See United States v. Veasley, 98 F.4th 906, 918 (8th Cir. 2024) ... A guilty plea forecloses Clark's as-applied constitutional challenge. ... The judgment is affirmed.”
“Having jurisdiction under 28 U.S.C. § 158(d)(2), this court reverses.”
“The record here is not conclusive. ... The judgment is reversed and the case remanded.”
“This court affirms in part, reverses in part, and remands.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated. Benton's pre-federal judicial service was on the Missouri Supreme Court (a state court, not in the federal docket record).
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