Filed: May 26, 2016
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-3819 _ Charles Swift lllllllllllllllllllll Plaintiff - Appellant v. Kyler lllllllllllllllllllll Defendant - Appellee Schmadeder, Chief of police; Corhart, Omaha Police lllllllllllllllllllll Defendants _ Appeal from United States District Court for the District of Nebraska - Omaha _ Submitted: May 23, 2016 Filed: May 26, 2016 [Unpublished] _ Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges. _ PER CURIAM. Charles Swift appeals foll
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-3819 _ Charles Swift lllllllllllllllllllll Plaintiff - Appellant v. Kyler lllllllllllllllllllll Defendant - Appellee Schmadeder, Chief of police; Corhart, Omaha Police lllllllllllllllllllll Defendants _ Appeal from United States District Court for the District of Nebraska - Omaha _ Submitted: May 23, 2016 Filed: May 26, 2016 [Unpublished] _ Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges. _ PER CURIAM. Charles Swift appeals follo..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3819
___________________________
Charles Swift
lllllllllllllllllllll Plaintiff - Appellant
v.
Kyler
lllllllllllllllllllll Defendant - Appellee
Schmadeder, Chief of police; Corhart, Omaha Police
lllllllllllllllllllll Defendants
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
____________
Submitted: May 23, 2016
Filed: May 26, 2016
[Unpublished]
____________
Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Charles Swift appeals following the district court’s1 adverse grant of summary
judgment in his 42 U.S.C. § 1983 action. Upon de novo review and careful
consideration of Swift’s arguments for reversal, we conclude that the 28 U.S.C.
§ 1915(e)(2)(B) dismissal of Swift’s claims against the City of Omaha was proper, see
Moore v. Sims,
200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam); and that Swift
created no jury questions on his claims against Richard Kyler, a police officer, see
Moody v. St. Charles County,
23 F.3d 1410, 1412 (8th Cir. 1994) (party seeking to
defeat summary judgment must substantiate allegations with sufficient probative
evidence permitting finding in his favor). The judgment of the district court is
affirmed. See 8th Cir. R. 47B.
______________________________
1
The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
-2-