Fuller v. Board of Curators of Lincoln University

67 F. App'x 987

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 2, 2003
• Docket: 02-3760WM
• Status: Unpublished

Opinion

PER CURIAM.

Gary Fuller brought a 42 U.S.C. § 1983 action against the members of Lincoln University’s Board of Curators, seeking damages against them in their individual capacities for constitutional and state law violations. He appeals only the district court’s 1 adverse grant of summary judgment on his state law fraudulent-concealment claim. Upon de novo review, see Rademeyer v. Farris, 284 F.3d 833, 836 (8th Cir.2002), we conclude that judgment for defendants was appropriate. Undisputed evidence showed that Mr. Fuller’s injury — whether it was the cancellation of his enrollment, or his non-reinstatement— did not result from concealment of a certain University policy, but from Mr. Fuller’s failure to comply with requirements of which he had knowledge. See Dechant v. Saaman Corp., 63 S.W.3d 293, 295 (Mo.Ct. App.2001) (elements of claim for nondisclosure or fraudulent misrepresentation).

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

1 . The Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).