Jimmy Brown v. Gregory Harper


PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Raymond W. Gruender and Jane Kelly (UNPUBLISHED); Denying [4330890-2] motion for the court to recuse itself.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

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Court for the Western District of Arkansas - Texarkana ____________ Submitted: May 13, 2016 Filed: May 20, 2016 [Unpublished] ____________ Before COLLOTON, GRUENDER, KELLY, Circuit Judges.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

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