Mary Bower, et al v. Springfield R-12, et al

Filing 920080213

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 06-3876 ___________ Mary Bower, next friend; * * Plaintiff-Appellant, * * Ariel Bower, Minor; * Gabrielle N. Lyon, Minor, * Appeal from the United States * District Court for the Western Plaintiffs, * District of Missouri. * v. * [UNPUBLISHED] * Springfield R-12 School District; * Charrie Dixon; Janis Duncan; Jane * Hancock; Susan Provance; School * Board of Springfield, * * Defendants-Appellees. * ___________ Submitted: February 07, 2008 Filed: February 13, 2008 ___________ Before BYE, SMITH, and BENTON, Circuit Judges. ___________ PER CURIAM.

Mary Bower appeals the district court's1 grant of summary judgment to defendants in her 42 U.S.C. § 1983 action alleging violations of her First Amendment right to free speech, and defamation under state law. Bower also appeals the denial of her motion for appointed counsel, and the dismissal of her children as plaintiffs. After careful review of the record, we find no error in the district court's grant of summary judgment, see Dulany v. Carnahan, 132 F.3d 1234, 1237 (8th Cir. 1997) (standard of review), and nothing to support Bower's contention that the district court judge should have recused himself, see 28 U.S.C. § 455(a) (judge is required to disqualify himself in proceedings in which his impartiality might reasonably be questioned). We also find that the district court did not abuse its discretion in denying Bower's motion for appointed counsel. See Butler v. Fletcher 465 F.3d 340, 346 (8th Cir. 2006) (standard of review). Thus, the district court did not err in dismissing the claims of Bower's minor children, as Bower was unable to represent them pro se, see Myers v. Loudoun County Pub. Schs., 418 F.3d 395, 401 (4th Cir. 2005), but those claims should have been dismissed without prejudice. Accordingly, we affirm, see 8th Cir. R. 47B, but we modify the dismissal of the claims of Bower's minor children to be without prejudice. ______________________________

The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. -2-

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