Mark Parker, et al v. Thurston County, Nebraska, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Duane Benton and Jane Kelly (UNPUBLISHED) [4428544] [15-3673]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3673
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Mark Parker; Gloria J. Payer, and those Similarly Situated
lllllllllllllllllllll Plaintiffs - Appellants
v.
Thurston County, Nebraska; Caroline Frenchman; Darren Wolf; Georgia
Maymberry; Leonard Peters; Greg Jump; Dan Trimble; Mark English; Village of
Walthill, an Entity within the Omaha Reservation and within Thurston County,
Nebraska; Mike Grant; Gwen Porter; Vida Stabler; Drew Kingare; Michael Wolfe,
Sr.; Earlene Hradec; Randy Urbanec; Douglas L. Luebe; Nora H. Goll; Shelly
Perez; State of Nebraska
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: July 20, 2016
Filed: July 21, 2016
[Unpublished]
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Before LOKEN, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3673

Page: 1

Date Filed: 07/21/2016 Entry ID: 4428544

In May 2015, Mark Parker and Gloria Payer filed a complaint under 42 U.S.C.
§§ 1983 and 1985 against the State of Nebraska; Thurston County, Nebraska; the
Village of Walthill; and various individuals associated with these entities. Plaintiffs
alleged that defendants violated their civil rights by questioning, arresting,
prosecuting, and jailing plaintiffs--without jurisdiction--for offenses they committed
while driving on roads within the Omaha Tribal Reservation. The district court1
granted defendants’ unopposed Federal Rule of Civil Procedure 12(b)(6) motions,
and denied plaintiffs’ Federal Rule of Civil Procedure 59(a)(2) postjudgment motion.
Following de novo review of the grant of the motion to dismiss, see Adams v.
Am. Family Mut. Ins. Co., 813 F.3d 1151, 1154 (8th Cir. 2016), and careful review
of the parties’ submissions on appeal, we agree with the district court that the
complaint is untimely under the four-year limitations period set out in Neb. Rev. Stat.
§ 25-207, see Wilson v. Garcia, 471 U.S. 261, 280 (1985), and we conclude also that
the district court did not abuse its discretion in denying postjudgment relief, see Stults
v. Am. Pop Corn Co., 815 F.3d 409, 414 (8th Cir. 2016); Arnold v. Wood, 238 F.3d
992, 998 (8th Cir. 2001).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1

The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
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Appellate Case: 15-3673

Page: 2

Date Filed: 07/21/2016 Entry ID: 4428544