Donald Butler v. City of Richfield, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Kermit E. Bye and Jane Kelly (UNPUBLISHED) [4279954] [14-3227]

United States Court of Appeals
For the Eighth Circuit
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No. 14-3227
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Donald Butler
lllllllllllllllllllll Plaintiff - Appellant
v.
City of Richfield, a municipal entity and political subdivision of the State of
Minnesota; Steve Devich, City Manager of City of Richfield in his official and
individual capacity; Jay Henthorne, Deputy Director/Deputy Chief of Richfield
Police Department in his official and individual capacity; Sergeant Dave
Kromschroeder, in his individual capacity as a Police Officer; Chief’s Towing,
Inc., contractual entity having authority to act for the City of Richfield in their
official and individual capacities; John Conito, in his individual capacity; Jeff
Scheonborn, Chief’s Towing General Manager, in his official and individual
capacity; Chris Link, Operations Superintendent City of Richfield in his official
and individual capacity
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: May 28, 2015
Filed: May 29, 2015
[Unpublished]
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Before SHEPHERD, BYE, and KELLY, Circuit Judges.
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PER CURIAM.

Appellate Case: 14-3227

Page: 1

Date Filed: 05/29/2015 Entry ID: 4279954

Donald Butler appeals the district court’s1 Federal Rule of Civil Procedure
12(b)(6) dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. We find
no error in the district court’s determination that Butler’s factual allegations, assumed
true, were insufficient to support the claims he advanced. See Hopkins v. City of
Bloomington, 774 F.3d 490, 491-92 (8th Cir. 2014) (de novo review; pleading
offering formulaic recitation of elements of cause or action or conclusions and labels
will not suffice); Jackson v. Nixon, 747 F.3d 537, 544 (8th Cir. 2014) (pro se
complaints are liberally construed). The judgment of the district court is affirmed.
See 8th Cir. R. 47B.
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1

The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota.
-2-

Appellate Case: 14-3227

Page: 2

Date Filed: 05/29/2015 Entry ID: 4279954