Richard L. Schrier v. Donna Paulson

Eighth Circuit

Richard L. Schrier v. Donna Paulson

155 F. App'x 935

CourtCourt of Appeals for the Eighth Circuit

DecidedNovember 16, 2005

Docket05-2021

StatusUnpublished

This text of 155 F. App'x 935 (Richard L. Schrier v. Donna Paulson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Richard L. Schrier v. Donna Paulson, 155 F. App'x 935 (8th Cir. 2005).

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Opinion

[UNPUBLISHED]

PER CURIAM.

Richard Schrier appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 action for damages. Having carefully reviewed the record and the parties’ submissions on appeal, we conclude the judgment of the district court was correct. Defendant judges were entitled to judicial immunity, see Míreles v. Waco, 502 U.S. 9, 11-13, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (per curiam), as well as sovereign immunity, see Williams v. Missouri, 973 F.2d 599, 599-600 (8th Cir.1992) (per curiam); the county attorney was entitled to absolute prosecutorial immunity, see Brodnicki v. City of Omaha, 75 F.3d 1261, 1266 (8th Cir.), cert. denied, 519 U.S. 867, 117 S.Ct. 179, 136 L.Ed.2d 119 (1996); and, even assuming that the remaining defendants were suable entities, the allegations against them did not state a constitutional violation attributable to governmental policy or custom, see Tilson v. Forrest City Police Dep’t, 28 F.3d 802, 807 (8th Cir. 1994), cert. denied, 514 U.S. 1004, 115 S.Ct. 1315, 131 L.Ed.2d 196 (1995). Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

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[UNPUBLISHED]

PER CURIAM.

Richard Schrier appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 action for damages. Having carefully reviewed the record and the parties’ submissions on appeal, we conclude the judgment of the district court was correct. Defendant judges were entitled to judicial immunity, see Míreles v. Waco, 502 U.S. 9, 11-13, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (per curiam), as well as sovereign immunity, see Williams v. Missouri, 973 F.2d 599, 599-600 (8th Cir.1992) (per curiam); the county attorney was entitled to absolute prosecutorial immunity, see Brodnicki v. City of Omaha, 75 F.3d 1261, 1266 (8th Cir.), cert. denied, 519 U.S. 867, 117 S.Ct. 179, 136 L.Ed.2d 119 (1996); and, even assuming that the remaining defendants were suable entities, the allegations against them did not state a constitutional violation attributable to governmental policy or custom, see Tilson v. Forrest City Police Dep’t, 28 F.3d 802, 807 (8th Cir. 1994), cert. denied, 514 U.S. 1004, 115 S.Ct. 1315, 131 L.Ed.2d 196 (1995). Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa.

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