Jimmy Brown v. Gregory Harper

Filing

PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Raymond W. Gruender and Jane Kelly (UNPUBLISHED); Denying [4330890-2] motion for the court to recuse itself. [4400853] [15-3367]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3367
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Jimmy Lee Brown
lllllllllllllllllllll Plaintiff - Appellant
v.
Gregory Harper, individually and in his official capacity as a Hope, Arkansas
police officer
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Texarkana
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Submitted: May 13, 2016
Filed: May 20, 2016
[Unpublished]
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Before COLLOTON, GRUENDER, KELLY, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3367

Page: 1

Date Filed: 05/20/2016 Entry ID: 4400853

In this 42 U.S.C. § 1983 action, Jimmy Brown appeals the district court’s1
adverse grant of summary judgment on his claim that police officer Gregory Harper
illegally seized him. Brown has also moved for this court to recuse itself.
To begin, we deny Brown’s motion. See 28 U.S.C. § 455 (providing standard
for disqualification of judges). Additionally, after careful de novo review, we
conclude that summary judgment was properly granted. See Peterson v. Kopp, 754
F.3d 594, 598 (8th Cir. 2014) (standard of review); United States v. Carpenter, 462
F.3d 981, 985 (8th Cir. 2006) (seizure does not occur simply because officer
approaches individual and asks few questions, so long as reasonable person would feel
free to disregard officer and go about his business). Accordingly, we affirm. See 8th
Cir. R. 47B.
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1

The Honorable Susan O. Hickey, United States District Judge for the Western
District of Arkansas, adopting the report and recommendations of the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
-2-

Appellate Case: 15-3367

Page: 2

Date Filed: 05/20/2016 Entry ID: 4400853