Jeffery Kemp v. Black Hawk County Jail, No. 17-1479 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Gruender and Benton, Circuit Judges] Prisoner case - Prisoner civil rights. Dismissal for failure to state a claim affirmed without comment.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1479 ___________________________ Jeffery Kemp lllllllllllllllllllll Plaintiff - Appellant v. Waterloo Police Department; Andrea Frana, Waterloo Police Officer; Bill Herkelman, Waterloo Police Officer; Adam Liddle, Waterloo Police Officer; Kye Richter, Waterloo Police Officer; Nicholas Sadd, Waterloo Police Officer; Brice Lippert, Waterloo Police Officer; David McFarland, Waterloo Police Officer; Chris Gergen, Waterloo Police Officer; Michael Rasmussen, Waterloo Police Officer; Eryn Hageman, Waterloo Police Officer; Kerry Devine, Waterloo Police Officer; Greg Fangman, Waterloo Police Officer; Melissa Ludwig, Waterloo Police Officer lllllllllllllllllllll Defendants - Appellees Black Hawk County Jail; Mark Herbst; Tony Thompson; Brad Walz; Warden of Black Hawk County Jail lllllllllllllllllllll Defendants ____________ Appeal from United States District Court for the Northern District of Iowa - Waterloo ____________ Submitted: October 27, 2017 Filed: November 1, 2017 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Inmate Jeffery Kemp appeals after the district court1 granted him leave to proceed in forma pauperis and dismissed his 42 U.S.C. § 1983 complaint. In prior proceedings in this court, several defendants were dismissed from this appeal. As to the remaining defendants, all of whom allegedly engaged in an improper investigation leading to Kemp’s arrest, we agree with the district court that Kemp failed to state a claim on which relief could be granted. See Amrine v. Brooks, 522 F.3d 823, 833-34 (8th Cir. 2008) (discussing the requirements for establishing a substantive due process claim based on an allegedly improper investigation); see also 28 U.S.C. § 1915(e)(2)(B)(ii) (requiring dismissal in an in forma pauperis matter if, at any time, the court determines that the action fails to state a claim on which relief may be granted). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. -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.
