Billy Fleshner v. Matthew Tiedt, No. 19-2091 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Wollman and Kelly, Circuit Judges] Civil case - Civil rights. Order granting partial summary judgment to defendants affirmed without comment; plaintiff has not provided any meaningful argument regarding the jury verdict in favor of the defendants on the remaining claims, and he has waived review of the jury verdict.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2091 ___________________________ Billy Duane Card Fleshner lllllllllllllllllllllPlaintiff - Appellant v. Kenneth Wayne Wiley lllllllllllllllllllllDefendant Matthew Tiedt; Kyle Shores lllllllllllllllllllllDefendants - Appellees Connie Sents; Dan Pickett lllllllllllllllllllllDefendants Dan Schaefer; James E. Dickinson lllllllllllllllllllllDefendants - Appellees Marks Auto Repair and Wrecker Service; Bremer County, Iowa lllllllllllllllllllllDefendants ____________ Appeal from United States District Court for the Northern District of Iowa - Waterloo ____________ Submitted: April 3, 2020 Filed: April 10, 2020 [Unpublished] ____________ Before COLLOTON, WOLLMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Billy Fleshner appeals the district court’s1 adverse grant of summary judgment and the adverse jury verdict in his 42 U.S.C. § 1983 action. After de novo review, construing the record in the light most favorable to Fleshner, and drawing all reasonable inferences in his favor, we conclude that summary judgment was proper for the reasons stated by the district court. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (reviewing grant of summary judgment de novo; summary judgment is proper when there is no genuine issue of material fact and party is entitled to judgment as a matter of law; evidence is viewed and all reasonable inferences are drawn in nonmoving party’s favor). We further conclude that Fleshner has waived review of the jury verdict by not providing any meaningful argument on appeal, see Waters v. Madson, 921 F.3d 725, 744 (8th Cir. 2019) (issues not meaningfully argued on appeal are waived), and by failing to provide a trial transcript, see Fed. R. App. P. 10(b)(2) (if appellant intends to urge on appeal that finding is unsupported by or contrary to evidence, he must include in record a transcript of all evidence relevant to that finding). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa. -2-
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