Reach Companies, LLC v. Newsert, LLC

22-3570Court of Appeals for the Eighth CircuitFeb 28, 2024

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1844
___________________________
Marvel Jones
lllllllllllllllllllllPlaintiff - Appellant
v.
Craig Gilsdore, Agreement Administrator, Special Services Unit for Nebraska
Department of Correction Services, in his individual capacity; Dr. Agnes M.
Stanis, PH.D. for Nebraska Department of Correction Services, in her individual
capacity; Sheriff Officer Unknown; City of Lincoln; One Unknown Police Officer;
Two Unknown Police Officers; Brad Johnson, Director of Lancaster County
Correction Department; Terry Wagner, Sheriff of Lancaster County, Nebraska;
Timothy F. Dunning, Sheriff of Lancaster County or Douglas County Nebraska;
Brenda Jones, Sheriff of Lancaster County or Douglas County Nebraska; Kristi J.
Egger, Deputy Public Defender for Lancaster County; Joe Negro, Chief Public
Defender for Lancaster County, Nebraska; Debera K. Lynford, Lancaster County
Board of Mental Health Chairperson; Mary K. Guinn, Member of Lancaster
County Board of Mental Health; Dr. Mark Vanghin, Member of Lancaster County
Board of Mental Health; Dr. Robert Arias, Neuropsychology and Behavioral
Medicine, PC; Kathy Herian, 3-East Unit Supervision at Norfolk Regional Center,
in her individual capacity; Rosetta McAllister, R.N. at Norfolk Regional Center, in
her individual capacity; Verlin Redlinger, Activity Assistant at Norfolk Regional
Center, in his individual capacity; Cheryl Heismann, Social Worker at Norfolk
Regional Center, in her individual capacity; Hannah Neal, Provisional Psychiatrist
at Norfolk Regional Center, in her individual capacity; Mike Gettman, Psychiatrist
and Social Worker at Norfolk Regional Center, in his individual capacity; Beverly
J. Lueshen, Psychiatrist and Social Worker at Norfolk Regional Center, in her
individual capacity; Todd Phelps, Psychiatrist and Social Worker at Norfolk
Regional Center, in his individual capacity; Dannette Smith, Chief Executive
Officer of the Nebraska Department of Health and Human Services, in her
individual capacity; John Knoll, Facility Operating Officer at Norfolk Regional

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Center, in his individual capacity; Tom Barr, Director of Norfolk Regional Center,
in his individual capacity; Kristine Boe Simmons, Director Clinical Program
Manager at Norfolk Regional Center, in her individual capacity; Julie Redwing,
Director of Nursing at Norfolk Regional Center, in her individual capacity; Dr.
Jean Laing, Of Norfolk Regional Center Psychiatrist and Social Worker, in her
individual capacity; Sheri Dawson, Behavioral Director at Nebraska Department
of Health and Human Services, in her individual capacity; Mark Labouchadiere,
Facility Director at Nebraska Department of Health and Human Services, in his
individual capacity; Spence Propel, Director of Regional Centers of Nebraska, in
his individual capacity; John Reynolds, In Charge of Regional Centers of
Nebraska, Under Nebraska Department of Health and Human Services, in his
individual capacity; Melanie J. Whittamore-Mantzios, Attorney at Wolfe Snowden
Hurd Luers - Ahl LLP; Jane Does, Two (2) Unknown Female Employees at
Norfolk Regional Center, in their individual capacities; Tabitha Waggoner,
Therapist and Social Worker at Norfolk Regional Center, in her individual
capacity; Brandi, Therapist and Social Worker at Norfolk Regional Center, in her
individual capacity; Marshall, Therapist and Social Worker at Norfolk Regional
Center, in his individual capacity; Shannon, Therapist and Social Worker at
Norfolk Regional Center, in her individual capacity; Amanda Holmgreen,
Contractor Therapist at Norfolk Regional Center, in her individual capacity; Kim
Ellenbergee, Provisional Therapist at Norfolk Regional Center, in her individual
capacity; Candi, Director of Personal Development Department at Norfolk
Regional Center, in her individual capacity; Steve Lindstadt, Activity Assistant of
Personal Development Department at Norfolk Regional Center, in his individual
capacity; Michelle Clark, Director of Personal Development Department at
Norfolk Regional Center, in her individual capacity; Mrs Bonnie, Activity
Assistant of Personal Development at Norfolk Regional Center, in her individual
capacity; Dayna Busch, Activity Assistant of Personal Development at Norfolk
Regional Center, in her individual capacity; Tracy Daake, Activity Assistant of
Personal Development Department at Norfolk Regional Center, in her individual
capacity; Megan Donavan, Psychiatrist and Counsel PH.D. at Norfolk Regional
Center, in her individual capacity; Patricia Brand, Patient Services Department at
Norfolk Regional Center, in her individual capacity; Miranda, Provisionally
Licensed Group Facilitator and Social Worker at Norfolk Regional Center, in her
individual capacity; Pattie, Chemical Dependence Group Facilitator at Norfolk
Regional Center, in her individual capacity; Victor Vanfleet, Chemical
Dependency Group Facilitator at Norfolk Regional Center, in his individual
-2-

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capacity; Dawn Collins, Registered Nurse at Norfolk Regional Center, in her
individual capacity; Terri Bruegman, 3-East Unit Supervisor at Norfolk Regional
Center, in her individual capacity; Travice, Patient Service at Norfolk Regional
Center, in his individual capacity; Unknown Jane and John Does, Compliance
Team 6 at Norfolk Regional Center, in their individual capacities; Lisa, Activity
Assistant and Librarian Personal Development Department East at Norfolk
Regional Center, in her individual capacity; Chris Luebe, Activity Assistant
Personal Development Department East at Norfolk Regional Center, in his
individual capacity; Ryan Wills, Activity Assistant Personal Development
Department East at Norfold Regional Center, in his individual capacity; Unknown
John Does, Security Specialist I's Ten (10) at Norfolk Regional Center, in their
individual capacities; Unknown John & Jane Does, Security Specialist
Technicians at Norfolk Regional Center in their individual capacities; Stephen
O'Neill, M.D. at Norfolk Regional Center, in his individual capacity; Carol Ruge,
in her individual capacity; Bonnie Bergland, in her individual capacity; Lisa
Weible, in her individual capacity; Larry Sohler, in his individual capacity; Hunter
Lewis, in his individual capacity; Brittany Marker, in her individual capacity;
Matthew Lewis, in his individual capacity; Nancy Wragge, in her individual
capacity; Unknown, Security Specialist IIs on 3-East, in their individual capacity;
Unknown, Security Specialist IIs on 2-East in their individual capacity; Unknown,
Security Specialist IIs on 3-West in their individual capacity; Security Team
Members, in their individual capacity; Compliance Team Members, in their
individual capacity; Kolten Newhalve, in his individual capacity; James Johnson,
in his individual capacity; Tyler Stender, in his individual capacity; Chris
Newhaus, in his individual capacity; Cameron Liewer, in his individual capacity;
Edgar Olivan, in his individual capacity; Josh Dieterman, in his individual
capacity; Corey Banks, in his individual capacity; Stephanie Owens, in her
individual capacity; Don Whitmire, in his individual capacity; Drew English, in
his individual capacity
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
____________
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Submitted: February 13, 2024
Filed: February 16, 2024
[Unpublished]
____________
Before SHEPHERD, STRAS, and KOBES, Circuit Judges.
____________
PER CURIAM.
Marvel Jones appeals the district court’s1 orders dismissing some of his claims,
and granting summary judgment for defendants on the remaining claims, in his pro
se 42 U.S.C. § 1983 action. Having carefully reviewed the record and the parties’
arguments on appeal, we find no basis for reversal. See Graham v. Barnette, 5 F.4th
872, 881 (8th Cir. 2021) (de novo review of grant of summary judgment); Stockley
v. Joyce, 963 F.3d 809, 816 (8th Cir. 2020) (de novo review of order granting motion
to dismiss); Kaden v. Slykhuis, 651 F.3d 966, 968 (8th Cir. 2011) (per curiam) (de
novo review of dismissal under 28 U.S.C. § 1915).
The judgment is affirmed. See 8th Cir. R. 47B.
______________________________
1The Honorable Brian C. Buescher, United States District Judge for the District
of Nebraska.
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