Rex Gard v. Dennis Kaemingk, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Raymond W. Gruender (UNPUBLISHED) [4467155] [15-3487]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3487
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Rex Gard
lllllllllllllllllllll Plaintiff - Appellant
v.
Dennis Kaemingk, Secretary of Corrections for State of South Dakota,
individually and in his official capacity; Doug Weber, Director of Prison
Operations, individually and in his official capacity; Bob Dooley, Warden at Mike
Durfee State Prison, individually and in his official capacity; Troy Ponto,
Associate Warden at SDSP, individually and in his official capacity; Leland
Tjeerdsma, Major, Head of Special Security, Mike Durfee State Prison,
individually and in his official capacity; Clifton Fantroy, Unit Manager at SDSP
Unit, individually and in his official capacity; George Deglman, Unit Manager at
Mike Durfee State Prison, individually and in his official capacity; Sgt. Larson,
Sergeant at Mike Durfee State Prison, individually and in his official capacity;
Property Officer Berthelson, Property Officer at the SDSP Warehouse individually
and in his official capacity
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of South Dakota - Sioux Falls
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Submitted: November 4, 2016
Filed: November 8, 2016
[Unpublished]
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Appellate Case: 15-3487

Page: 1

Date Filed: 11/08/2016 Entry ID: 4467155

Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.
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PER CURIAM.
South Dakota inmate Rex Gard appeals the district court’s1 adverse grant of
summary judgment in his 42 U.S.C. § 1983 action. Upon de novo review, we find no
error in the district court’s thorough and well-reasoned analysis of Mr. Gard’s claims.
See Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015) (viewing summary
judgment record in light most favorable to non-movant, and drawing all reasonable
inferences from it in his favor). We find no merit to Mr. Gard’s challenges to the
other rulings he identifies. While we conclude that affirmance is warranted, see 8th
Cir. R. 47B, we modify the district court’s judgment to reflect that the adverse grant
of summary judgment does not constitute a strike under 28 U.S.C. § 1915(g).
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1

The Honorable Lawrence L. Piersol, United States District Judge for the
District of South Dakota, adopting the report and recommendations of the Honorable
Veronica L. Duffy, United States Magistrate Judge for the District of South Dakota.
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Appellate Case: 15-3487

Page: 2

Date Filed: 11/08/2016 Entry ID: 4467155