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8th Circuit decides N.D. cases Tuesday, August 2, 2022

The United States Court of Appeals for the Eighth Circuit has issued opinions in two cases from North Dakota.

In United States v. Sarnor the court held that where the court described the sentence as both an upward departure and an upward variance, even assuming the court erred in failing to give adequate notice as required by Rule 32, any error was harmless because it did not affect defendant's substantial rights, as nothing shows the sentence would have been less had the court given notice.

Read the court's opinion at:

In Roberson v. The Dakota Boys & Girls Ranch the court explained that in a case where plaintiffs' minor decedent committed suicide while in the care of the defendant, the district court dismissed plaintiffs' Section 1983 action on the ground defendants were not state actors. The court held that the district court erred in dismissing the action. The State of North Dakota, having taken full custody of the child, outsourced its constitutional duty to provide medical care to a child in its custody to defendants, thereby delegating a traditional, exclusive public function to the defendants and making them state actors; the defendants maintained a clear, ongoing relationship with the North Dakota Division of Juvenile Services by providing long-term care to the child on behalf of the Division, thereby assuming the State's constitutional duty to provide the minor with medical care and making them state actors.

Read the court's opinion at: