Filed: Sep. 10, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-1204 _ Pimenio Vela Herrera lllllllllllllllllllll Plaintiff - Appellant v. Tammy Mowry, in their individual capacity; Monte Hovik, in their individual capacity lllllllllllllllllllll Defendants - Appellees Jesse Robins, in their individual capacity lllllllllllllllllllll Defendant Jerod Hahn, Deputy, in their individual capacity; J. D. Sutphen; Jeremy Brungard, in their individual capacity lllllllllllllllllllll Defendants - Appellees _
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-1204 _ Pimenio Vela Herrera lllllllllllllllllllll Plaintiff - Appellant v. Tammy Mowry, in their individual capacity; Monte Hovik, in their individual capacity lllllllllllllllllllll Defendants - Appellees Jesse Robins, in their individual capacity lllllllllllllllllllll Defendant Jerod Hahn, Deputy, in their individual capacity; J. D. Sutphen; Jeremy Brungard, in their individual capacity lllllllllllllllllllll Defendants - Appellees _ ..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1204
___________________________
Pimenio Vela Herrera
lllllllllllllllllllll Plaintiff - Appellant
v.
Tammy Mowry, in their individual capacity; Monte Hovik, in their individual capacity
lllllllllllllllllllll Defendants - Appellees
Jesse Robins, in their individual capacity
lllllllllllllllllllll Defendant
Jerod Hahn, Deputy, in their individual capacity; J. D. Sutphen; Jeremy Brungard,
in their individual capacity
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Omaha
____________
Submitted: September 3, 2015
Filed: September 10, 2015
[Unpublished]
____________
Before WOLLMAN, SMITH, and BENTON, Circuit Judges.
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PER CURIAM.
Pimenio Herrera appeals following the district court’s1 adverse grant of
summary judgment in his 42 U.S.C. § 1983 action involving claims that defendants
used excessive force and violated his constitutional rights, by assaulting him and
transporting him unclothed between detention facilities. Following careful review,
we affirm for the reasons stated by the district court, see 8th Cir. R. 47B, and we grant
appellees’ motions to strike an affidavit Herrera filed for the first time on appeal.
______________________________
1
The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
-2-