Charles Swift v. Kyler, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4403195] [15-3819]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3819
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Charles Swift
lllllllllllllllllllll Plaintiff - Appellant
v.
Kyler
lllllllllllllllllllll Defendant - Appellee
Schmadeder, Chief of police; Corhart, Omaha Police
lllllllllllllllllllll Defendants
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: May 23, 2016
Filed: May 26, 2016
[Unpublished]
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Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.
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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.
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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