Elroy Wabashaw v. Brian Gage, No. 15-3423 (8th Cir. 2016)

Annotate this Case

Court Description: Per Curiam - Before Murphy, Bowman and Benton, Circuit Judges] Civil case - Civil rights. Dismissal affirmed without comment.

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3423 ___________________________ Elroy L. Wabashaw lllllllllllllllllllll Plaintiff - Appellant v. Michael L. Kenny, Dir, NDCS lllllllllllllllllllll Defendant Brian Gage, Warden TSCI - in their individual and official capacities lllllllllllllllllllll Defendant - Appellee Robert Houston, Former Dir, NDCS; Fred Britten, Former Warden TSCI lllllllllllllllllllll Defendants Lt. Tremain, Officers - in their individual and official capacities; Ofc. Horn, in their individual and official capacities lllllllllllllllllllll Defendants - Appellees Sgt. Thein lllllllllllllllllllll Defendant Sgt. Lanlez, in their individual and official capacities; Stranberg, TSCI Caseworkers - in their individual and official capacities; Zweig, TSCI Caseworkers - in their individual and official capacities; Scott Frakes, in their individual and official capacities; Michele Capps, in their individual and official capacities; Holley, in their individual and official capacities; Theimann, in their individual and official capacities lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: May 31, 2016 Filed: June 9, 2016 [Unpublished] ____________ Before MURPHY, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. Nebraska inmate Elroy L. Wabashaw, formerly incarcerated at the Tecumseh State Correctional Institution, appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 complaint. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. This court conducted de novo review of the record and carefully considered Wabashaw’s arguments for reversal. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam); Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. -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.