Leonard N. Anderson v. Ed Smith

United States Court of Appeals
For the Eighth Circuit
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No. 19-1959
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Leonard N. Anderson
Plaintiff - Appellant
v.
Ed Smith, in his individual capacity and his official capacity for his conduct under
color of law, in the course and scope of his employment, as a City of St. Paul,
Department of Safety Inspections Employee; City of St. Paul, a political
subdivision of the State of Minnesota
Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: June 18, 2020
Filed: July 29, 2020
[Unpublished]
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Before KELLY, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Leonard Anderson and the City of St. Paul have had a long-running dispute
over building-code violations on his property. He eventually sued the City and one
of its inspectors in federal court. His amended complaint contained two sets of
claims: seven total under 42 U.S.C. § 1983 and two more under state law.
The district court 1 dismissed the federal claims with prejudice, see Fed. R.
Civ. P. 12(b)(6), and declined to exercise supplemental jurisdiction over the state-
law claims, see 28 U.S.C. § 1367(c)(3). Reviewing the dismissal de novo and having
carefully reviewed the record and the parties’ arguments, we agree with the district
court that Anderson’s amended complaint fails to state a federal claim. See Kelly v.
City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (standard of review). We
accordingly affirm the judgment.2 See 8th Cir. R. 47B.
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1
The Honorable Eric C. Tostrud, United States District Judge for the District
of Minnesota.
2
We note that the district court’s order states that “Anderson’s state-law
claims” are dismissed without prejudice, but the judgment itself omits one: a trespass
claim (Claim V). If this is a clerical error, the district court can correct it. See Fed.
R. Civ. P. 60(a).
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