James Paul Aery v. Deputy Nick Lewis, Individual & Official Capacity

United States Court of Appeals
For the Eighth Circuit
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No. 23-2981
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James Paul Aery,
lllllllllllllllllllllPlaintiff - Appellant,
v.
Deputy Nick Lewis, Individual & Official Capacity; Deputy Kyle Beckwith,
Individual & Official Capacity,
lllllllllllllllllllllDefendants - Appellees.
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Appeal from United States District Court
for the District of Minnesota
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Submitted: January 25, 2024
Filed: February 1, 2024
[Unpublished]
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Before LOKEN, COLLOTON, and GRASZ, Circuit Judges.
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PER CURIAM.
James Aery appeals the district court’s1 grant of summary judgment in this
action raising claims under 42 U.S.C. § 1983 and state law. After de novo review, we
conclude that the district court did not err in granting summary judgment for
defendants as to Aery’s section 1983 claims. We also find no abuse of discretion in
the district court’s decision not to exercise supplemental jurisdiction over Aery’s state
law claims. However, we modify the judgment to clarify that the dismissal of the
state law claims was without prejudice, see Franklin v. Zain, 152 F.3d 783, 786 (8th
Cir. 1998), and we affirm the judgment as modified, see 8th Cir. R. 47B.
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1The Honorable Katherine M. Menendez, United States District Judge for the
District of Minnesota, adopting the report and recommendations of the Honorable
John F. Docherty, United States Magistrate Judge for the District of Minnesota.
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