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DaCosta Daniels v. Joshua Tyler, 14-3892 (2015)

Court: Court of Appeals for the Eighth Circuit Number: 14-3892 Visitors: 19
Filed: Sep. 10, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-3892 _ DaCosta Daniels lllllllllllllllllllll Plaintiff - Appellant v. Joshua Tyler, Individually and in his official capacity as a police officer for the City of Sioux City lllllllllllllllllllll Defendant - Appellee Sioux City Community School District lllllllllllllllllllll Defendant _ Appeal from United States District Court for the Northern District of Iowa - Sioux City _ Submitted: September 4, 2015 Filed: September 10, 2015 [Unpu
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 14-3892
                        ___________________________

                                  DaCosta Daniels

                       lllllllllllllllllllll Plaintiff - Appellant

                                           v.

 Joshua Tyler, Individually and in his official capacity as a police officer for the
                               City of Sioux City

                       lllllllllllllllllllll Defendant - Appellee

                      Sioux City Community School District

                             lllllllllllllllllllll Defendant
                                     ____________

                    Appeal from United States District Court
                  for the Northern District of Iowa - Sioux City
                                 ____________

                          Submitted: September 4, 2015
                           Filed: September 10, 2015
                                 [Unpublished]
                                 ____________

Before SHEPHERD, BYE, and KELLY, Circuit Judges.
                           ____________

PER CURIAM.
       DaCosta Daniels appeals the district court’s1 adverse grant of summary
judgment in her 42 U.S.C. § 1983 action asserting a Fourth Amendment excessive-
force claim and a state-law assault claim against a police officer.

       After careful de novo review, viewing the evidence and drawing all reasonable
inferences in favor of Daniels, see Laganiere v. Cty. of Olmsted, 
772 F.3d 1114
, 1116
(8th Cir. 2014), we conclude that the district court properly granted summary
judgment based on qualified immunity, see Graham v. Connor, 
490 U.S. 386
, 396-97
(1989); Crumley v. City of St. Paul, 
324 F.3d 1003
, 1007 (8th Cir. 2003), and
statutory immunity, see Iowa Code § 804.8(1); Johnson v. Civil Serv. Comm’n, 
352 N.W.2d 252
, 257 (Iowa 1984).

      Accordingly, we affirm. See 8th Cir. R. 47B.
                     ______________________________




      1
      The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa.

                                         -2-

Source:  CourtListener

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