Leonard Steven Grasz
How Judge Grasz rules, drawn from 61 signed orders. Every observation links to the order it came from.
How Judge Grasz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An arrest lacked arguable probable cause where the bystander's questions did not hinder the officers and the arrest occurred only after the underlying police function was complete.
“Officer Mills completed the government function of arresting the individuals without Donterious hindering officers in any way. It was only when Donterious spoke again to Officer Mills after the arrests were complete that she ordered his arrest.”
A forum-non-conveniens analysis had to compare the foreign forum with the United States as a whole, rather than treating every contact outside the chosen state as favoring the foreign country.
“The district court should have analyzed the forum non conveniens question by looking at all contacts between the case and the whole United States.”
A state regulatory law was not federally preempted merely because it made compliance with federal product-authorization requirements consequential under state law; that error defeated preliminary relief.
“the district court erred by determining that Iowans for Alternatives is likely to prevail on the merits of its preemption claim.”
Procedural preferences
Summary judgment could not rest on new factual and legal points raised in a reply brief without giving the opposing party an adequate opportunity to respond.
“Thus, this case must be remanded for further development considering the factual and legal questions raised in Zurich’s reply brief that left First Baptist without adequate opportunity to respond.”
A constitutional vagueness argument first raised on appeal was not considered as a basis for reversal.
“Because Johnson never raised a constitutional vagueness argument before the district court, we cannot consider it as a basis for reversal.”
When the district court has not reached a defense, the appellate court ordinarily remands rather than deciding it first, even when the issue could dispose of the remaining claims.
“we are ‘a court of review, not of first view.’”
Cautions
The absence of a warning before deadly force was not automatically unreasonable when events unfolded too quickly for a warning to be feasible.
“While an officer should provide a warning before using deadly force when feasible, a failure to warn does not automatically render the use of deadly force unreasonable.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because Dill's appeal turns on disputed issues of fact as to what occurred before the shooting, we lack jurisdiction and dismiss.”
“We conclude equitable tolling is not appropriate on the facts of Capiz's case and therefore deny his petition.”
“Hustvet appeals the district court's adverse grant of summary judgment to Allina. After de novo review of the record, we affirm.”
“We affirm the injunction because we conclude suits over oil and gas leases on allotted trust lands are governed by federal law, not tribal law, and the tribal court lacks jurisdiction over the non-member oil and gas companies.”
“We agree, vacate the district court's approval of the settlement agreement, and remand the case.”
“the Sixth Amendment applies only in 'criminal prosecutions,' U.S. Const., amend VI, and a civil commitment is not a criminal prosecution. And the specific requirements of 4247(h) control over the general statutory right to proceed pro se. We affirm.”
“We vacate the award of restitution but grant the government's motion to dismiss the remainder of the appeal.”
“Dwain Bagwell appeals the district court's judgment that the Social Security Administration Commissioner's decision to deny him disability benefits was supported by substantial evidence. We affirm.”
“We conclude Arkansas robbery also requires the same level of force as this understanding of common law robbery. ... Accordingly, we affirm the judgment of the district court.”
“Because the district court lacked authority to review the settled attorney fees, we vacate that portion of its judgment.”
“Sherry Despain appeals the district court's judgment that the Social Security Administration Commissioner's decision to deny her disability benefits was supported by substantial evidence. We affirm.”
“The district court did not abuse its discretion in excluding evidence regarding the destruction of documents. We affirm.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated.
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