Clyde Harper v. Judge Coffey, No. 15-2931 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Bowman and Kelly, Circuit Judges] Civil case - Civil Rights. Dismissal of Section 1983 action seeking postconviction access to DNA testing of evidence produced at Harper's state trial affirmed without comment. [ March 08, 2016
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2931 ___________________________ Clyde E. Harper lllllllllllllllllllll Plaintiff - Appellant v. Judge Coffey; Prosecutor Retelsdorf, of Douglas County lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: March 7, 2016 Filed: March 9, 2016 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Clyde E. Harper appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 complaint seeking postconviction access to DNA testing of certain evidence used at his state criminal trial. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. After carefully reviewing the record and Harper’s brief, this court finds no error warranting reversal. See Dist. Attorney’s Office for Third Judicial Dist. v. Osborne, 557 U.S. 52, 69, 72-75 (2009) (discussing contours of substantive and procedural due process rights related to postconviction access to DNA testing). The dismissal is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
