George Gardner Fagg

U.S. Court of Appeals for the Eighth Circuit circuit Retired 2015 · served 1982–2015 Appointed by Ronald Reagan (Republican) 30 signed orders read

Judge Fagg no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Fagg decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Fagg treated judicial immunity as a direct bar to damages suits based on judicial acts.

“Judicial immunity protects a judicial officer from civil suits seeking money damages, including those suits initiated under 42 U.S.C. § 1983.”

He limited structural school remedies to the scope of the proven constitutional violation.

“We are simply saying that the remedy must fit the wrong.”

Procedural preferences

He enforced contractual arbitration when the agreement covered the dispute and contained no exclusion.

“This dispute presents a question which on its face is subject to arbitration and we find nothing in the agreement that excludes it from the arbitration procedure.”

He required a reasoned lower-court explanation sufficient to permit effective appellate review.

“The Tax Court is obligated to provide this appellate court with a clear and understandable statement of the grounds for its decision.”

Cautions

He reserved ineffective-assistance claims for collateral proceedings when the direct-appeal record was not the appropriate vehicle.

“We will not consider Hood’s ineffective assistance of counsel claims on direct appeal as these claims are best presented on motion under 28 U.S.C. § 2255.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Hugh Chalmers Chevrolet-Toyota, Inc.
800 F.2d 737 · 1986-08-29
Appeal (defendants appellants) Denied

“Having considered each of the arguments raised by defendants and finding no reversible error, we affirm the judgment of the district court.”

Hurlbut v. Scheetz
804 F.2d 462 · 1986-10-31
Appeal (school-election challengers appellants) Denied

“We affirm.”

Callahan v. Rendlen
806 F.2d 795 · 1986-12-04
Appeal (state judge appellant) Granted

“We reverse and remand with instructions to grant the motion for summary judgment.”

United States v. Black
804 F.2d 1416 · 1986-11-17
Appeal (taxpayers appellants) Denied

“The district court’s order directing compliance with the summonses is affirmed.”

Towboat Partners, Ltd. v. Donelan
802 F.2d 1069 · 1986-10-08
Appeal (general partners appellants) Denied

“Accordingly, the district court judgment in favor of the limited partners is affirmed.”

Ensco, Inc. v. Dumas
807 F.2d 743 · 1986-12-22
Appeal (county officials appellants) Denied

“We affirm the judgment of the district court that Ordinance No. 171 is invalid as conflicting with the RCRA.”

Nelson v. Pulaski County Special School District
803 F.2d 961 · 1986-10-24
Appeal (employment plaintiff appellant) Denied

“We affirm the district court.”

Peterson v. Fuller Co.
807 F.2d 151 · 1986-12-17
Appeal (product-liability plaintiffs appellants) Denied

“The district court in this case has made a sound interpretation of the relevant Nebraska statute and its judgment dismissing the actions is affirmed.”

DeJournett v. Block
799 F.2d 430 · 1986-08-26
Appeal (farm borrowers appellants) Denied

“Thus, we affirm the decision of the district court.”

General Drivers & Helpers Union, Local No. 554 v. Mid-Continent Bottlers, Inc.
767 F.2d 482 · 1985-07-11
Appeal (employer appellant) Granted

“Accordingly, we reverse the judgment of the district court and the case is remanded with directions to dismiss the complaint.”

Culbreath v. Block
799 F.2d 1248 · 1986-09-04
Appeal (farm borrowers appellants) Denied

“Finding no error, we affirm the summary judgment of the district court.”

Borchers v. Commissioner of Internal Revenue
889 F.2d 790 · 1989-11-16
Appeal (Commissioner of Internal Revenue appellant) Granted

“Accordingly, we vacate the Tax Court’s decision and remand the case for further proceedings consistent with this opinion.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Fagg 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.