CARTER v. MULDOON 25 (2019)

United States Court of Appeals, Eighth Circuit.

John M. CARTER, and on behalf of others Similarly situated Plaintiff - Appellant v. William MULDOON, individual capacity; Dave Stolz, individual capacity; Nebraska Law Enforcement Training Center; Does 1-25 inclusive Defendants - Appellees

No. 19-1019

Decided: October 18, 2019

Before LOKEN, WOLLMAN, and KELLY, Circuit Judges. John M. Carter, Pro Se Jessica Forch, James D. Smith, Assistant Attorney General, Attorney General's Office, Lincoln, NE, for Defendants - Appellees William Muldoon, Dave Stolz, Nebraska Law Enforcement Training Center James D. Smith, Assistant Attorney General, Attorney General's Office, Lincoln, NE, for Defendant - Appellee Does 1-25

[Unpublished]

In this civil rights action, John M. Carter appeals following the district court’s ¹ adverse grant of summary judgment. Viewing the record in a light most favorable to Carter, we find that the district court properly granted summary judgment to defendants William Muldoon and Dave Stolz in their individual capacities based on a determination that they were entitled to qualified immunity. See Clark v. Clark, 926 F.3d 972, 977 (8th Cir. 2019) (de novo review). We also find no abuse of discretion in the district court’s denial of Carter’s motion for recusal. See Fletcher v. Conoco Pipe Line Co., 323 F.3d 661, 664 (8th Cir. 2003) (judge is presumed impartial, and party seeking recusal bears substantial burden of showing otherwise); Moran v. Clarke, 296 F.3d 638, 648 (8th Cir. 2002) (en banc) (standard of review). The judgment is affirmed, see 8th Cir. R. 47B; and Carter’s motion to supplement the record is denied.

FOOTNOTES

1.   The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.

PER CURIAM.