Sherrod v. Nebraska

Eighth Circuit

Sherrod v. Nebraska

84 F. App'x 738

CourtCourt of Appeals for the Eighth Circuit

DecidedJanuary 15, 2004

DocketNo. 03-2594

StatusPublished

This text of 84 F. App'x 738 (Sherrod v. Nebraska) 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.

Bluebook

Sherrod v. Nebraska, 84 F. App'x 738 (8th Cir. 2004).

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Opinion

PER CURIAM.

Nebraska inmate James Sherrod brought this 42 U.S.C. § 1988 action alleging that defendants lost evidence which, if DNA-tested, would have exonerated him of a rape for which he was convicted. He sought damages and release from prison. The district court¹ dismissed the complaint for failure to state a claim, and Sherrod appeals. Upon de novo review, see Breedlove v. Earthgrains Baking Cos., 140 F.3d 797, 799 (8th Cir.), cert. denied, 525 U.S. 921, 119 S.Ct. 276, 142 L.Ed.2d 228 (1998), we agree with the district court that Sherrod failed to state a claim under section 1983, see Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); Daniels v. Williams, 474 U.S. 327, 330-31, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986); Preiser v. Rodriguez, 411 U.S. 475, 490, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973).

Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

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PER CURIAM.

Nebraska inmate James Sherrod brought this 42 U.S.C. § 1988 action alleging that defendants lost evidence which, if DNA-tested, would have exonerated him of a rape for which he was convicted. He sought damages and release from prison. The district court¹ dismissed the complaint for failure to state a claim, and Sherrod appeals. Upon de novo review, see Breedlove v. Earthgrains Baking Cos., 140 F.3d 797, 799 (8th Cir.), cert. denied, 525 U.S. 921, 119 S.Ct. 276, 142 L.Ed.2d 228 (1998), we agree with the district court that Sherrod failed to state a claim under section 1983, see Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); Daniels v. Williams, 474 U.S. 327, 330-31, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986); Preiser v. Rodriguez, 411 U.S. 475, 490, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973).

Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

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Bluebook (online)

84 F. App'x 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrod-v-nebraska-ca8-2004.

Opinion

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