Mary Bower v. Christian County, No. 15-3818 (8th Cir. 2016)
Annotate this CaseCourt Description: Per Curiam. Before Colloton, Bowman, and Gruender, Circuit Judges] Civil Case - civil rights. Dismissal of all but one defendant and grant of summary judgment on the basis of qualified immunity as to the remaining defendant is summarily affirmed. Recusal argument is without merit.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3818 ___________________________ Mary R. Bower lllllllllllllllllllll Plaintiff - Appellant v. Christian County, Missouri Court; Elaine Palmer, Chief Division Clerk; Joanna Billingsley; Roger Depee; Lou Lapaglia; Barbara Stillings lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: July 22, 2016 Filed: August 3, 2016 [Unpublished] ____________ Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. In this appeal, Mary Bower challenges the district court’s1 order dismissing all but one of the defendants, and the court’s adverse summary judgment decision regarding the remaining defendant. She also argues that the judge should have sua sponte recused herself. First, we conclude that Bower’s recusal argument is meritless. Second, upon de novo review, we conclude that the district court did not err in dismissing all but one of the defendants. See Anderson-Tully Co. v. McDaniel, 571 F.3d 760, 762 (8th Cir. 2009) (grant of motion to dismiss is reviewed de novo). Finally, upon de novo review, we conclude that summary judgment was properly granted in favor of the remaining defendant, based on qualified immunity. See Brooks v. Roy, 776 F.3d 957, 959 (8th Cir. 2015) (grant of summary judgment is reviewed de novo); cf. Lenderman v. St. Louis Metro. Police Dep’t Bd. of Police Comm’rs, 725 F.3d 843, 853-54 (8th Cir. 2013) (discussing qualified immunity standard). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. -2-
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