Donald Butler v. City of Richfield, a municipal entity

13-3330Court of Appeals for the Eighth CircuitMay 29, 2015

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-3227
___________________________
Donald Butler
lllllllllllllllllllll Plaintiff - Appellant
v.
City of Richfield, a municipal entity and political subdivision of the State of
Minnesota; Steve Devich, City Manager of City of Richfield in his official and
individual capacity; Jay Henthorne, Deputy Director/Deputy Chief of Richfield
Police Department in his official and individual capacity; Sergeant Dave
Kromschroeder, in his individual capacity as a Police Officer; Chief’s Towing,
Inc., contractual entity having authority to act for the City of Richfield in their
official and individual capacities; John Conito, in his individual capacity; Jeff
Scheonborn, Chief’s Towing General Manager, in his official and individual
capacity; Chris Link, Operations Superintendent City of Richfield in his official
and individual capacity
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the District of Minnesota - Minneapolis
____________
Submitted: May 28, 2015
Filed: May 29, 2015
[Unpublished]
____________
Before SHEPHERD, BYE, and KELLY, Circuit Judges.
____________
PER CURIAM.

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Donald Butler appeals the district court’s1 Federal Rule of Civil Procedure
12(b)(6) dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. We find
no error in the district court’s determination that Butler’s factual allegations, assumed
true, were insufficient to support the claims he advanced. See Hopkins v. City of
Bloomington, 774 F.3d 490, 491-92 (8th Cir. 2014) (de novo review; pleading
offering formulaic recitation of elements of cause or action or conclusions and labels
will not suffice); Jackson v. Nixon, 747 F.3d 537, 544 (8th Cir. 2014) (pro se
complaints are liberally construed). The judgment of the district court is affirmed.
See 8th Cir. R. 47B.
______________________________
1The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota.
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