Charles Swift v. Kyler, et al


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4403195] [15-3819]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3819 ___________________________ Charles Swift lllllllllllllllllllll Plaintiff - Appellant v. Kyler lllllllllllllllllllll Defendant - Appellee Schmadeder, Chief of police; Corhart, Omaha Police lllllllllllllllllllll Defendants ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: May 23, 2016 Filed: May 26, 2016 [Unpublished] ____________ Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Appellate Case: 15-3819 Page: 1 Date Filed: 05/26/2016 Entry ID: 4403195 Charles Swift appeals following the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Upon de novo review and careful consideration of Swift’s arguments for reversal, we conclude that the 28 U.S.C. § 1915(e)(2)(B) dismissal of Swift’s claims against the City of Omaha was proper, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam); and that Swift created no jury questions on his claims against Richard Kyler, a police officer, see Moody v. St. Charles County, 23 F.3d 1410, 1412 (8th Cir. 1994) (party seeking to defeat summary judgment must substantiate allegations with sufficient probative evidence permitting finding in his favor). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. -2- Appellate Case: 15-3819 Page: 2 Date Filed: 05/26/2016 Entry ID: 4403195

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