Mary Bower v. Christian County, et al


PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED) [4433283] [15-3818]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3818 ___________________________ 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 ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: July 22, 2016 Filed: August 3, 2016 [Unpublished] ____________ Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges. ____________ 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. ______________________________ 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

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