Gabriel Cassell v. Olivia Jassah Cassell

Filing

PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, LAVENSKI R. SMITH and RAYMOND W. GRUENDER (UNPUBLISHED) [3843029] [11-1395]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-1395
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Gabriel Cassell,
Appellant,
v.
Olivia Jassah Cassell,
Appellee.

*
*
*
* Appeal from the United States
* District Court for the
* District of Minnesota.
*
* [UNPUBLISHED]
*
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Submitted: October 20, 2011
Filed: October 26, 2011
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Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
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PER CURIAM.
Gabriel Cassell appeals the district court’s1 adverse grant of summary judgment
in his diversity action against Olivia Cassell. Gabriel alleged Olivia had defamed him
and intentionally inflicted emotional distress, based on statements contained in an
April 29, 2009 email Olivia sent to him, with a copy to the attorney who was then
representing her in a state-court action involving custody of the Cassells’ minor
daughter.

1

The Honorable Patrick J. Schiltz, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Arthur J.
Boylan, United States Magistrate Judge for the District of Minnesota.

Appellate Case: 11-1395

Page: 1

Date Filed: 10/26/2011 Entry ID: 3843029

Upon our de novo review of the record, Engleson v. Little Falls Area Chamber
of Commerce, 362 F.3d 525, 528 (8th Cir. 2004), we find summary judgment was
proper for the reasons given by the district court. Accordingly, we affirm. See 8th
Cir. R. 47B.
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Appellate Case: 11-1395

Page: 2

Date Filed: 10/26/2011 Entry ID: 3843029