Michael Forman v. Brookings Police Department

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 11, 2023
• Docket: 23-2339
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2339 ___________________________

Michael Brian Forman

lllllllllllllllllllllPlaintiff - Appellant

v.

Brookings Police Department; Joel Perry, in his official capacity; Jacob Vukovich, in his official capacity; Damian Weets, in his official capacity; Jane Doe; John Doe

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of South Dakota - Southern ____________

Submitted: December 6, 2023 Filed: December 11, 2023 [Unpublished] ____________

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

PER CURIAM.

South Dakota resident Michael Forman appeals following the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. After careful

1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. review of the record and the parties’ arguments on appeal, we conclude the district court did not abuse its discretion in staying discovery, see Steinbuch v. Cutler, 518 F.3d 580, 589 (8th Cir. 2008) (reviewing for abuse of discretion denial of discovery); or in deeming defendants’ statement of facts admitted, see Jones v. United Parcel Serv., Inc., 461 F.3d 982, 989-91 (8th Cir. 2006) (reviewing for abuse of discretion decision deeming movants’ statement of facts admitted). We further conclude the district court did not err in adversely granting summary judgment as to Forman’s claims. See Nieters v. Holtan, 83 F.4th 1099, 1105 (8th Cir. 2023) (reviewing de novo grant of summary judgment based on qualified immunity). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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