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United States Eighth Circuit


Ballard v. Heineman, 08-1103

In a 42 U.S.C. section 1983 action alleging plaintiff was the victim of defendant-state trooper's racially-motivated traffic stop and subsequent unconstitutional search and seizure, which defendants-officials promoted through policies that encouraged the targeting of racial minorities, summary judgment for defendants is affirmed where: 1) plaintiff created no genuine issues of material fact challenging unopposed statements of fact showing no constitutional violations occurred as a matter of law; and 2) the district court did not abuse its discretion in denying further discovery.

Appellate Information

  • Decided 12/01/2008
  • Published 12/01/2008

Judges

  • GRUENDER, Circuit Judge., Before WOLLMAN, SMITH and GRUENDER, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • James Beckmann, argued, Lincoln, NE, for appellant.

  • For Appellees:
  • John Lamoine Jelkin, argued, AAG, Lincoln, NE, for appellee.
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