Jerry Nibeck v. Marion Police Department

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 10, 2019
• Docket: 18-1328
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1328 ___________________________

Jerry L. Nibeck

lllllllllllllllllllllPlaintiff - Appellant

v.

Marion Police Department; Adam Cirkl

lllllllllllllllllllllDefendants - Appellees

Donna Sue Jewell

lllllllllllllllllllllDefendant

Mark Kjormoe

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________

Submitted: May 6, 2019 Filed: May 10, 2019 [Unpublished] ____________

Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges. ____________ PER CURIAM.

Jerry L. Nibeck appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action, in which he alleged defendants violated his First and Fourth Amendment rights. After careful review of the record and the parties’ arguments on appeal, we find no basis for reversal. See Peterson v. Kopp, 754 F.3d 594, 598 (8th Cir. 2014) (reviewing the grant of summary judgment on the basis of qualified immunity de novo). The judgment is affirmed, see 8th Cir. R. 47B, and Nibeck’s pending motion to supplement the record is denied, see Dakota Indus., Inc. v. Dakota Sportswear, Inc., 988 F.2d 61, 63 (8th Cir. 1993) (“Generally, an appellate court cannot consider evidence that was not contained in the record below.”). ______________________________

1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa.

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