Eric Thompson v. John Ault

Eighth Circuit

Eric Thompson v. John Ault

561 F. App'x 585

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 14, 2014

Docket13-2071

StatusUnpublished

This text of 561 F. App'x 585 (Eric Thompson v. John Ault) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eric Thompson v. John Ault, 561 F. App'x 585 (8th Cir. 2014).

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Opinion

PER CURIAM.

Eric Mel Thompson, an Iowa inmate, his mother Delores Thompson, and his daughter Katie Beglin appeal the district *586 court’s 1 adverse grant of summary judgment in their 42 U.S.C. § 1988 action. We affirm.

First, we do not consider appellants’ challenges to orders issued by a magistrate judge for which they did not seek review by the district court. See Fed. R.Civ.P. 72(a). Second, upon de novo review, we conclude summary judgment was warranted. See Montin v. Estate of Johnson, 6 36 F.3d 409, 412 (8th Cir.2011) (standard of review). Viewing the admissible evidence before the district court in the light most favorable to appellants, the prison rule at issue was not unconstitutional on its face and was not unconstitutional as applied to Eric’s conduct. See Beaulieu v. Ludeman, 690 F.3d 1017, 1039 (8th Cir.2012) (analysis of First Amendment facial challenge to prison rule); Kaden v. Slykhuis, 651 F.3d 966, 969 (8th Cir.2011) (per curiam) (analysis of First Amendment as-applied challenge to prison regulation); Phillips v. Norris, 320 F.3d 844, 848 (8th Cir.2003) (analysis of inmate’s equal protection claim).

The judgment of the district court is affirmed. See 8th Cir. R. 47B. Appellants’ five pending motions are denied.

1

. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

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PER CURIAM.

Eric Mel Thompson, an Iowa inmate, his mother Delores Thompson, and his daughter Katie Beglin appeal the district *586 court’s 1 adverse grant of summary judgment in their 42 U.S.C. § 1988 action. We affirm.

First, we do not consider appellants’ challenges to orders issued by a magistrate judge for which they did not seek review by the district court. See Fed. R.Civ.P. 72(a). Second, upon de novo review, we conclude summary judgment was warranted. See Montin v. Estate of Johnson, 6 36 F.3d 409, 412 (8th Cir.2011) (standard of review). Viewing the admissible evidence before the district court in the light most favorable to appellants, the prison rule at issue was not unconstitutional on its face and was not unconstitutional as applied to Eric’s conduct. See Beaulieu v. Ludeman, 690 F.3d 1017, 1039 (8th Cir.2012) (analysis of First Amendment facial challenge to prison rule); Kaden v. Slykhuis, 651 F.3d 966, 969 (8th Cir.2011) (per curiam) (analysis of First Amendment as-applied challenge to prison regulation); Phillips v. Norris, 320 F.3d 844, 848 (8th Cir.2003) (analysis of inmate’s equal protection claim).

The judgment of the district court is affirmed. See 8th Cir. R. 47B. Appellants’ five pending motions are denied.

1

. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

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561 F. App'x 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eric-thompson-v-john-ault-ca8-2014.

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