Filed: May 10, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1328 _ Jerry L. Nibeck lllllllllllllllllllllPlaintiff - Appellant v. Marion Police Department; Adam Cirkl lllllllllllllllllllllDefendants - Appellees Donna Sue Jewell lllllllllllllllllllllDefendant Mark Kjormoe lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids _ Submitted: May 6, 2019 Filed: May 10, 2019 [Unpublished] _ Before COLLOTON, WOLLMAN, and K
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1328 _ Jerry L. Nibeck lllllllllllllllllllllPlaintiff - Appellant v. Marion Police Department; Adam Cirkl lllllllllllllllllllllDefendants - Appellees Donna Sue Jewell lllllllllllllllllllllDefendant Mark Kjormoe lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids _ Submitted: May 6, 2019 Filed: May 10, 2019 [Unpublished] _ Before COLLOTON, WOLLMAN, and KE..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1328
___________________________
Jerry L. Nibeck
lllllllllllllllllllllPlaintiff - Appellant
v.
Marion Police Department; Adam Cirkl
lllllllllllllllllllllDefendants - Appellees
Donna Sue Jewell
lllllllllllllllllllllDefendant
Mark Kjormoe
lllllllllllllllllllllDefendant - Appellee
____________
Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
____________
Submitted: May 6, 2019
Filed: May 10, 2019
[Unpublished]
____________
Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges.
____________
PER CURIAM.
Jerry L. Nibeck appeals the district court’s1 adverse grant of summary judgment
in his 42 U.S.C. § 1983 action, in which he alleged defendants violated his First and
Fourth Amendment rights. After careful review of the record and the parties’
arguments on appeal, we find no basis for reversal. See Peterson v. Kopp,
754 F.3d
594, 598 (8th Cir. 2014) (reviewing the grant of summary judgment on the basis of
qualified immunity de novo). The judgment is affirmed, see 8th Cir. R. 47B, and
Nibeck’s pending motion to supplement the record is denied, see Dakota Indus., Inc.
v. Dakota Sportswear, Inc.,
988 F.2d 61, 63 (8th Cir. 1993) (“Generally, an appellate
court cannot consider evidence that was not contained in the record below.”).
______________________________
1
The Honorable Linda R. Reade, United States District Judge for the Northern
District of Iowa.
-2-