Michael Forman v. Brookings Police Department ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 23-2339
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Michael Brian Forman
lllllllllllllllllllllPlaintiff - Appellant
v.
Brookings Police Department; Joel Perry, in his official capacity; Jacob Vukovich,
in his official capacity; Damian Weets, in his official capacity; Jane Doe; John Doe
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the District of South Dakota - Southern
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Submitted: December 6, 2023
Filed: December 11, 2023
[Unpublished]
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Before GRUENDER, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
South Dakota resident Michael Forman appeals following the district court’s1
adverse grant of summary judgment in his 42 U.S.C. § 1983 action. After careful
1
The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.
review of the record and the parties’ arguments on appeal, we conclude the district
court did not abuse its discretion in staying discovery, see Steinbuch v. Cutler, 518
F.3d 580, 589 (8th Cir. 2008) (reviewing for abuse of discretion denial of discovery);
or in deeming defendants’ statement of facts admitted, see Jones v. United Parcel
Serv., Inc., 461 F.3d 982, 989-91 (8th Cir. 2006) (reviewing for abuse of discretion
decision deeming movants’ statement of facts admitted). We further conclude the
district court did not err in adversely granting summary judgment as to Forman’s
claims. See Nieters v. Holtan, 83 F.4th 1099, 1105 (8th Cir. 2023) (reviewing de
novo grant of summary judgment based on qualified immunity). Accordingly, we
affirm. See 8th Cir. R. 47B.
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