Glenda Gardner v. Frederick Franklin

Court of Appeals for the Eighth Circuit·Decided March 9, 2023·No. 22-2316·Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2316 ___________________________

Glenda Sue Gardner, Individually and As Personal Representative of The Estate of Jacob Gardner; David Gardner

lllllllllllllllllllllPlaintiffs - Appellants

v.

Frederick D. Franklin; Donald W. Kleine; Douglas County Attorney's Office, Douglas County, Nebraska; Does 1-2

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Nebraska - Lincoln ____________

Submitted: February 24, 2023 Filed: March 9, 2023 [Unpublished] ____________

Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM. David Gardner and Glenda Gardner--individually and as representative for the estate of her son, Jacob--appeal the district court’s1 dismissal of their civil rights action raising claims under federal and state law. Following a careful review, we conclude that the district court did not err in dismissing the case. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska.

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