Auzio Hewlett v. Captain Gram, No. 13-3448 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case - Bivens. Defendants' summary judgment affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3448 ___________________________ Auzio Hewlett lllllllllllllllllllll Plaintiff - Appellant v. Captain Gram; Jessica Gage; Lieutenant Santine lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: July 18, 2014 Filed: July 28, 2014 [Unpublished] ____________ Before BYE, SMITH, and KELLY Circuit Judges. ____________ PER CURIAM. Federal inmate Auzio Hewlett appeals the district court s1 adverse grant of 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. ______________________________ 1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeanne J. Graham, United States Magistrate Judge for the District of Minnesota. -2-
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