Mark Parker v. Thurston County, Nebraska

654 F. App'x 861

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 21, 2016
• Docket: 15-3673
• Status: Unpublished

Opinion

PER CURIAM.

In May 2015, Mark Parker and Gloria Payer filed a complaint under 42 U.S.C. §§ 1983 and 1985 against the State of Nebraska; Thurston County, Nebraska; the Village of Walthill; and various individuals associated with these entities. Plaintiffs alleged that defendants, violated their civil rights by questioning, arresting, prosecuting, and jailing plaintiffs—without jurisdiction—for offenses they committed while driving on roads within the Omaha Tribal Reservation. The district court 1 granted defendants’ unopposed Federal Rule of Civil Procedure 12(b)(6) motions, and denied plaintiffs’ Federal Rule of Civil Procedure 59(a)(2) postjudgment motion.

Following de novo review of the grant of the motion to dismiss, see Adams v. Am. Family Mut. Ins. Co., 813 F.3d 1151, 1154 (8th Cir. 2016), and careful review of the parties’ submissions on appeal, we agree with the district court that the complaint is untimely under the four-year limitations period set out in Neb. Rev. Stat. § 25-207, see Wilson v. Garcia, 471 U.S. 261, 280, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), and we conclude also that the district court did not abuse its discretion in denying post-judgment relief, see Stults v. Am. Pop Corn Co., 815 F.3d 409, 414 (8th Cir. 2016); Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001).

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

1 , The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.