Robert Bry v. City of Frontenac, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Denying [4423516-2] motion to file a sur-reply brief is denied as moot. [4469809] [16-1202]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1202 ___________________________ Robert M. Bry lllllllllllllllllllll Plaintiff - Appellant v. City of Frontenac, Missouri; Jeremy Newton; James Ford; Matthew Loveless; Brian Wuertz; Matthew Brune; Timothy Barnett; Rex Baumgartner lllllllllllllllllllll Defendants - Appellees Megan Julian Movant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: November 10, 2016 Filed: November 16, 2016 [Unpublished] ____________ Before SMITH, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. Appellate Case: 16-1202 Page: 1 Date Filed: 11/16/2016 Entry ID: 4469809 Robert M. Bry appeals after the District Court1 granted summary judgment to defendants in his 42 U.S.C. § 1983 action. We affirm. See Gray v. FedEx Ground Package Sys., Inc., 799 F.3d 995, 999 (8th Cir. 2015) (“We review grants of summary judgment de novo, viewing the facts in the light most favorable to the nonmoving party.”). First, we conclude that the District Court did not abuse its discretion in denying Bry’s motions for sanctions. See Strutton v. Meade, 668 F.3d 549, 559 (8th Cir. 2012) (concluding that the decision not to impose sanctions was not an abuse of the district court’s considerable discretion where the destruction of evidence, while intentional, did not necessarily reflect a fraudulent intent to suppress the truth), cert. denied, 133 S. Ct. 124 (2012). Second, Bry offers no valid basis for overturning the well-reasoned determination that the record showed that the defendant police officers had at least arguable probable cause to arrest Bry. See Amrine v. Brooks, 522 F.3d 823, 832 (8th Cir. 2008) (“Officers may also be entitled to qualified immunity if they arrest a suspect under the mistaken belief that they have probable cause to do so, provided that the mistake is objectively reasonable.”).2 Accordingly, we affirm the judgment of the District Court, and we deny as moot appellees’ motion to file a surreply to Bry’s reply brief. ______________________________ 1 The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri. 2 Bry has abandoned his claims against the City of Frontenac, as well as his conspiracy and state-law claims, by not briefing this Court on why dismissal of those claims was improper. See Hess v. Ables, 714 F.3d 1048, 1051 n.2 (8th Cir. 2013). -2- Appellate Case: 16-1202 Page: 2 Date Filed: 11/16/2016 Entry ID: 4469809

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