Filed: Jan. 10, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2487 _ Antonio Ausler lllllllllllllllllllll Plaintiff - Appellant v. Wes Bradford; CPL. James Collins; State of Arkansas; Timothy Bunch; Lee Short; Dan (Charles) Hancock; Ronald Davis, Jr.; Honorable John Putman lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Arkansas - Harrison _ Submitted: January 3, 2018 Filed: January 10, 2018 [Unpublished] _ Before GRUENDER, MUR
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2487 _ Antonio Ausler lllllllllllllllllllll Plaintiff - Appellant v. Wes Bradford; CPL. James Collins; State of Arkansas; Timothy Bunch; Lee Short; Dan (Charles) Hancock; Ronald Davis, Jr.; Honorable John Putman lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Arkansas - Harrison _ Submitted: January 3, 2018 Filed: January 10, 2018 [Unpublished] _ Before GRUENDER, MURP..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2487
___________________________
Antonio Ausler
lllllllllllllllllllll Plaintiff - Appellant
v.
Wes Bradford; CPL. James Collins; State of Arkansas; Timothy Bunch; Lee Short;
Dan (Charles) Hancock; Ronald Davis, Jr.; Honorable John Putman
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Western District of Arkansas - Harrison
____________
Submitted: January 3, 2018
Filed: January 10, 2018
[Unpublished]
____________
Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Antonio Ausler appeals the district court’s1 preservice dismissal of his civil
rights action, brought under, inter alia, 42 U.S.C. § 1983. Having carefully reviewed
1
The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
the record and the parties’ arguments on appeal, we conclude that dismissal was
proper for the reasons explained by the district court. See Moore v. Sims,
200 F.3d
1170, 1171 (8th Cir. 2000) (per curiam) (28 U.S.C. § 1915(e)(2)(B) dismissal
reviewed de novo). Further, we find that Ausler’s argument on appeal--that, because
he was not incarcerated when he filed his complaint, his claims for damages were not
barred by Heck v. Humphrey,
512 U.S. 477, 486-87 (1994)--is precluded by circuit
precedent. See Newmy v. Johnson,
758 F.3d 1008, 1011-12 (8th Cir. 2014) (noting
that Heck’s favorable-termination rule applies when § 1983 plaintiff is no longer
incarcerated). Accordingly, we deny Ausler’s motion for oral argument, and we
affirm. See 8th Cir. R. 47B.
______________________________
-2-