Wyatt Rasmussen v. Dustin Baxter

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 21, 2024
• Docket: 23-3496
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-3496 ___________________________

Wyatt W. Rasmussen

lllllllllllllllllllllPlaintiff - Appellant

v.

Dustin Baxter, in his official capacity; Brandon Fleagle, in his official capacity

lllllllllllllllllllllDefendants - Appellees ____________

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

Submitted: June 13, 2024 Filed: June 21, 2024 [Unpublished] ____________

Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

Wyatt Rasmussen appeals following the district court’s1 adverse grant of summary judgment in his pro se 42 U.S.C. § 1983 action. On appeal, he challenges

1 The Honorable Roberto Lange, Chief Judge, United States District Court for the District of South Dakota. the denial of his motion seeking a court-appointed expert to review police audio footage for alteration. We conclude the district court did not abuse its discretion in denying his request. See Fed. R. Evid. 706(a) (permitting court to appoint its own expert witness); see also Petrone v. Werner Enters., Inc., 42 F.4th 962, 969 (8th Cir. 2022) (recognizing district court’s discretion under Rule 706 to appoint expert). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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