Filed: Feb. 10, 2015
Latest Update: Feb. 10, 2015
Summary: ORDER D.P. MARSHALL, Jr., District Judge. Rogers has not responded to Defendants' motion for summary judgment. The Court alerted Rogers and extended his time to do so — noting that the Court would conclude the motion was conceded if no response was filed. No. 20. None was. The material facts, NQ 16, are therefore deemed admitted. LOCAL RULE 56.1(c); Libel v. Adventure Lands of America, Inc., 482 F.3d 1028 , 1033 (8th Cir. 2007). Defendants' motion, NQ 15, is granted as conceded. The
Summary: ORDER D.P. MARSHALL, Jr., District Judge. Rogers has not responded to Defendants' motion for summary judgment. The Court alerted Rogers and extended his time to do so — noting that the Court would conclude the motion was conceded if no response was filed. No. 20. None was. The material facts, NQ 16, are therefore deemed admitted. LOCAL RULE 56.1(c); Libel v. Adventure Lands of America, Inc., 482 F.3d 1028 , 1033 (8th Cir. 2007). Defendants' motion, NQ 15, is granted as conceded. The C..
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ORDER
D.P. MARSHALL, Jr., District Judge.
Rogers has not responded to Defendants' motion for summary judgment. The Court alerted Rogers and extended his time to do so — noting that the Court would conclude the motion was conceded if no response was filed. No. 20. None was. The material facts, NQ 16, are therefore deemed admitted. LOCAL RULE 56.1(c); Libel v. Adventure Lands of America, Inc., 482 F.3d 1028, 1033 (8th Cir. 2007). Defendants' motion, NQ 15, is granted as conceded.
The Court sees no constitutional violation during Rogers's arrest. Graham v. Connor, 490 U.S. 386, 396-97 (1989). But even if one occurred, Rogers hasn't shown that a municipal policy or custom was the cause. Monell v. Department of Social Services, 436 U.S. 658,691 (1978). And the officers are entitled to qualified immunity for their judgment calls in the circumstances. Austell v. Sprenger, 690 F.3d 929,936 (8th Cir. 2012); see also Cole v. City of Little Rock, 131 F.3d 721,722 (8th Cir. 1997) (recognizing sua sponte dismissal based on qualified immunity). The record doesn't create a jury question on failure to train or supervise. Atkinson v. City of Mountain View, Mo., 709 F.3d 1201, 1217 (8th Cir. 2013). The Court sees no Sixth Amendment or Equal Protection violations either. Rogers's echoing claims under the Arkansas Civil Rights Act fail as a matter of law. Hess v. Ables, 714 F.3d 1048, 1054 (8th Cir. 2013).
So Ordered.
