Michael David Logering; Wendy Ann Acker v. Morrison County Sheriff's Office

22-2615Court of Appeals for the Eighth CircuitDec 28, 2023

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-2376
___________________________
Michael David Logering; Wendy Ann Acker,
lllllllllllllllllllllPlaintiffs - Appellants,
v.
Morrison County Sheriff's Office; Shawn Larsen, Sheriff; in capacity of Morrison
County Sheriff's Department; Jason McDonald, Deputy; in capacity of Morrison
County Sheriff's Department; Joel Gross, Sargeant; in capacity of Morrison
County Sheriff's Department; Hasten Warnberg; Rick Matteson, Deputy; in
capacity of Morrison County Sheriff's Department; Jason Worlie, Chief Deputy; in
capacity of Morrison County Sheriff's Department; Dave Kicker, in the capacity of
Morrison County Sheriff's Department; Mary Swenson, in the capacity of
Morrison County Sheriff's Department; Tony Athman, in the capacity of Morrison
County Sheriff's Department; Bill Vanden Avond, in the capacity of Morrison
County Sheriff's Department; Brady Pundsack, in the capacity of Morrison County
Sheriff's Department,
lllllllllllllllllllllDefendants - Appellees,
Eric Hanneken, Chief of Police; in capacity of Morrison County Sheriff's
Department; Calvin Tschida, Officer; in capacity of Pierz Police Department under
direction from Morrison County Sheriff's Department primary officer on scene;
Brad Bordwell; Daniel Owens, Trooper; in capacity of Minnesota State Patrol,
under direction from Morrison County Sheriff's Department primary officer on
scene; Jason T. Brown, Trooper SP477; in capacity of Minnesota State Patrol,
under direction from Morrison County Sheriff's Department primary officer on
scene; David Kalis, Deputy; in capacity of Morrison County Sheriff's Department;
All Other Law Enforcement, on scene 8/24/2020 identified on squad cam in the

-- 1 of 2 --

city of Pierz, Morrison County surrounding the Logering residence 310 South
Main Street Pierz, MN 56364,
lllllllllllllllllllllDefendants.
____________
Appeal from United States District Court
for the District of Minnesota
____________
Submitted: December 13, 2023
Filed: December 18, 2023
[Unpublished]
____________
Before COLLOTON, BENTON, and KELLY, Circuit Judges.
____________
PER CURIAM.
Michael David Logering and Wendy Ann Acker appeal after the district court1
dismissed their civil action for failure to state a claim and as frivolous, and declined
to exercise supplemental jurisdiction over any remaining state-law claims. Having
reviewed the record and the parties’ arguments on appeal, we conclude that there is
no reversible error. See 28 U.S.C. §§ 1915(e)(2)(B), 1367(c)(3); Moore v. Sims, 200
F.3d 1170 (8th Cir. 2000) (per curiam) (standard of review).
Accordingly, we affirm. See 8th Cir. R. 47B. We deny the pending motion for
injunctive relief as moot.
______________________________
1The Honorable Jerry W. Blackwell, United States District Judge for the
District of Minnesota.
-2-

-- 2 of 2 --

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.