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United States Court of Appeals, Eighth Circuit.

Rocky Thomas TRAVERSIE Plaintiff-Appellant v. Matthew STARR; Matthew Hanisch; Dave Dunteman, police officers at Sioux Falls Police Department, in their individual and official capacities Defendants-Appellees

No. 18-1342

Decided: December 03, 2018

Before KELLY, GRASZ, and STRAS, Circuit Judges. Rocky Thomas Traversie, Pro Se Jordan J. Feist, Gary P. Thimsen, Woods & Fuller, Sioux Falls, SD, for Defendant-Appellee


Rocky Traversie appeals the district court’s 1 rulings limiting discovery and the grant of summary judgment to three Sioux Falls Police Department officers on his excessive-force claims. We affirm the judgment of the district court. See 8th Cir. R. 47B.

We first conclude that the district court did not abuse its discretion in denying Traversie’s discovery requests. See Sheets v. Butera, 389 F.3d 772, 780 (8th Cir. 2004) (explaining that an appellate court’s review of discovery rulings is “very deferential” and that such rulings will not be reversed “absent a gross abuse of discretion resulting in fundamental unfairness” (citation omitted) ). We also conclude that the police officers were entitled to qualified immunity on the summary-judgment record before the district court. See Rohrbough v. Hall, 586 F.3d 582, 585 (8th Cir. 2009) (explaining that a police officer is entitled to qualified immunity on an excessive-force claim “unless the evidence viewed favorably to [the plaintiff] supports a finding that [the officer’s] conduct violated a constitutional right, and that constitutional right was so ‘clearly established’ at the time of the alleged violation that a reasonable officer would have known that his conduct was unlawful” (citation omitted) ).


1.   The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota.


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