Mary Bower v. Christian County, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED) [4433283] [15-3818]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3818
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Mary R. Bower
lllllllllllllllllllll Plaintiff - Appellant
v.
Christian County, Missouri Court; Elaine Palmer, Chief Division Clerk; Joanna
Billingsley; Roger Depee; Lou Lapaglia; Barbara Stillings
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: July 22, 2016
Filed: August 3, 2016
[Unpublished]
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Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-3818

Page: 1

Date Filed: 08/03/2016 Entry ID: 4433283

In this appeal, Mary Bower challenges the district court’s1 order dismissing all
but one of the defendants, and the court’s adverse summary judgment decision
regarding the remaining defendant. She also argues that the judge should have sua
sponte recused herself.
First, we conclude that Bower’s recusal argument is meritless. Second, upon
de novo review, we conclude that the district court did not err in dismissing all but one
of the defendants. See Anderson-Tully Co. v. McDaniel, 571 F.3d 760, 762 (8th Cir.
2009) (grant of motion to dismiss is reviewed de novo). Finally, upon de novo
review, we conclude that summary judgment was properly granted in favor of the
remaining defendant, based on qualified immunity. See Brooks v. Roy, 776 F.3d 957,
959 (8th Cir. 2015) (grant of summary judgment is reviewed de novo); cf. Lenderman
v. St. Louis Metro. Police Dep’t Bd. of Police Comm’rs, 725 F.3d 843, 853-54 (8th
Cir. 2013) (discussing qualified immunity standard).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1

The Honorable Beth Phillips, United States District Judge for the Western
District of Missouri.
-2-

Appellate Case: 15-3818

Page: 2

Date Filed: 08/03/2016 Entry ID: 4433283