Robert Wilson v. Nancy H. Evans

Eighth Circuit

Robert Wilson v. Nancy H. Evans

18 F. App'x 442

CourtCourt of Appeals for the Eighth Circuit

DecidedSeptember 4, 2001

Docket01-1791

StatusUnpublished

Cited by3 cases

This text of 18 F. App'x 442 (Robert Wilson v. Nancy H. Evans) 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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Robert Wilson v. Nancy H. Evans, 18 F. App'x 442 (8th Cir. 2001).

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Opinion

PER CURIAM.

Robert Wilson appeals the District Court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action claiming violations of the Fourth and Fourteenth Amendments. He alleges that because he is African American, he was twice stopped and detained by City of Cedar Rapids (City) police officers for no legitimate purpose, and on one occasion they required him to provide his per *443 sonal identifying information when he tried to report a crime. Having carefully reviewed the record, see Smith v. Watkins, 159 F.3d 1137, 1138 (8th Cir.1998) (de novo standard of review), we affirm.

Although the city ordinance infractions upon which the challenged stops were based appear minor, Wilson fails to establish that the stops were unconstitutional or that the scope of the stops was excessive. Cf. United States v. Beck, 140 F.3d 1129, 1133-34 (8th Cir.1998) (affirming that even minor traffic violation creates probable cause to stop vehicle; during investigative traffic stops, officers may ask for identification, request explanation for presence in area, and conduct computer checks). Further, Wilson’s evidence falls short of showing that City police officers targeted African Americans or engaged in racial profiling, or that City police officers treated similarly situated whites differently-

We also conclude that Wilson cannot seek reversal in this civil matter on a claim of ineffective assistance of counsel. See Glick v. Henderson, 855 F.2d 536, 541 (8th Cir.1988) (holding that defendant has no constitutional or statutory right to effective assistance of counsel in a civil case). Finally, the district court did not abuse its discretion in awarding costs to defendants. See Firefighter’s Inst. for Racial Equal, v. City of St. Louis, 220 F.3d 898, 905 (8th Cir.2000) (standard of review), cert. denied, — U.S. -, 121 S.Ct. 1359, 149 L.Ed.2d 288 (2001).

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

1

. The Honorable Edward J. McManus, United States District Judge for the Northern District of Iowa.

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PER CURIAM.

Robert Wilson appeals the District Court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action claiming violations of the Fourth and Fourteenth Amendments. He alleges that because he is African American, he was twice stopped and detained by City of Cedar Rapids (City) police officers for no legitimate purpose, and on one occasion they required him to provide his per *443 sonal identifying information when he tried to report a crime. Having carefully reviewed the record, see Smith v. Watkins, 159 F.3d 1137, 1138 (8th Cir.1998) (de novo standard of review), we affirm.

Although the city ordinance infractions upon which the challenged stops were based appear minor, Wilson fails to establish that the stops were unconstitutional or that the scope of the stops was excessive. Cf. United States v. Beck, 140 F.3d 1129, 1133-34 (8th Cir.1998) (affirming that even minor traffic violation creates probable cause to stop vehicle; during investigative traffic stops, officers may ask for identification, request explanation for presence in area, and conduct computer checks). Further, Wilson’s evidence falls short of showing that City police officers targeted African Americans or engaged in racial profiling, or that City police officers treated similarly situated whites differently-

We also conclude that Wilson cannot seek reversal in this civil matter on a claim of ineffective assistance of counsel. See Glick v. Henderson, 855 F.2d 536, 541 (8th Cir.1988) (holding that defendant has no constitutional or statutory right to effective assistance of counsel in a civil case). Finally, the district court did not abuse its discretion in awarding costs to defendants. See Firefighter’s Inst. for Racial Equal, v. City of St. Louis, 220 F.3d 898, 905 (8th Cir.2000) (standard of review), cert. denied, — U.S. -, 121 S.Ct. 1359, 149 L.Ed.2d 288 (2001).

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

1

. The Honorable Edward J. McManus, United States District Judge for the Northern District of Iowa.

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18 F. App'x 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-wilson-v-nancy-h-evans-ca8-2001.

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