Pimenio Herrera v. Tammy Mowry, No. 15-1204 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam. Before Wollman, Smith, and Benton, Circuit Judges] Civil Case - civil rights. District court?s grant of summary judgment on claims that defendants used excessive force and violated Herrra's constitutional rights is summarily affirmed. [ September 09, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1204 ___________________________ Pimenio Vela Herrera lllllllllllllllllllll Plaintiff - Appellant v. Tammy Mowry, in their individual capacity; Monte Hovik, in their individual capacity lllllllllllllllllllll Defendants - Appellees Jesse Robins, in their individual capacity lllllllllllllllllllll Defendant Jerod Hahn, Deputy, in their individual capacity; J. D. Sutphen; Jeremy Brungard, in their individual capacity lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: September 3, 2015 Filed: September 10, 2015 [Unpublished] ____________ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. ____________ PER CURIAM. Pimenio Herrera appeals following the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action involving claims that defendants used excessive force and violated his constitutional rights, by assaulting him and transporting him unclothed between detention facilities. Following careful review, we affirm for the reasons stated by the district court, see 8th Cir. R. 47B, and we grant appellees’ motions to strike an affidavit Herrera filed for the first time on appeal. ______________________________ 1 The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska. -2-
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