STECKELBERG v. RICE (2017)

United States Court of Appeals, Eighth Circuit.

Todd STECKELBERG, Plaintiff-Appellant v. Brad RICE, Colonel, in his individual capacity; Brenda Konfrst, Captain, in her individual capacity; Kevin Ryan, Lieutenant, in his individual capacity; Russ Stanczyck, Major, in his individual capacity; Craig Loveless, Lieutenant, in his individual capacity; The Nebraska State Patrol; Kevin Bridges, Lieutenant, in his individual capacity, Defendants-Appellees

No. 17-1823

Decided: December 26, 2017

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

Joy Shiffermiller, Shiffermiller Law Office P.C. L.L.O., Lincoln, NE, for Plaintiff–Appellant. Stephanie Anne Caldwell, David A. Lopez, Assistant Attorneys General, Attorney General's Office, Lincoln, NE, for Defendants–Appellees.

The district court ¹ dismissed Todd Steckelberg's complaints for failure to state a claim. Steckelberg v. Rice, 184 F. Supp. 3d 746, 759 (D. Neb. 2016), incorporated in Order, No. 4:15-CV-3069 (D. Neb. Mar. 24, 2017) (Doc. No. 23). He appeals. After reviewing the record and arguments for reversal, this court concludes that dismissal was proper. See Kruger v. Nebraska, 820 F.3d 295, 301 (8th Cir. 2016) (de novo review). As the district court ruled in its thorough and well-reasoned opinions, the complaints fail to state a claim under federal or Nebraska law. See Steckelberg, 184 F. Supp. 3d at 754-59 and Order at 2-5, discussing U.S Const. amends. I, XIV; 42 U.S.C. §§ 1983, 1985(2); Neb. Rev. Stat. § 48-217; Neb. Const. art. XV, § 13. Further discussion would have no precedential value. Having jurisdiction under 28 U.S.C. § 1291, the judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable John M. Gerrard, United States District Judge for the District of Nebraska.

PER CURIAM.

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