Auzio Hewlett v. Captain Gram; Jessica Gage; Lieutenant Santine

United States Court of Appeals
For the Eighth Circuit
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No. 13-3448
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Auzio Hewlett
lllllllllllllllllllll Plaintiff - Appellant
v.
Captain Gram; Jessica Gage; Lieutenant Santine
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: July 18, 2014
Filed: July 28, 2014
[Unpublished]
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Before BYE, SMITH, and KELLY Circuit Judges.
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PER CURIAM.

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Federal inmate Auzio Hewlett appeals the district court’s adverse grant of1
summary judgment in his action under Bivens v. Six Unknown Named Agents of Fed.
Bureau of Narcotics, 403 U.S. 388 (1971). Upon de novo review, see Sisney v.
Reisch, 674 F.3d 839, 843 (8th Cir. 2012), we find that there was no record support
for Hewlett’s constitutional claims, see Scheffler v. Molin, 743 F.3d 619, 620-21 (8th
Cir. 2014) (when qualified-immunity defense is asserted, this court evaluates both
whether defendant violated plaintiff’s constitutional rights and whether those rights
were clearly established; if there is no constitutional violation, however, this court
need not proceed further). We also find no merit to Hewlett’s arguments for reversal.
The judgment of the district court is affirmed. See 8th Cir. R. 47B.
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The Honorable Joan N. Ericksen, United States District Judge for the District1
of Minnesota, adopting the report and recommendations of the Honorable Jeanne J.
Graham, United States Magistrate Judge for the District of Minnesota.
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