Donald Kimball v. Altoona Police Dept, No. 20-2188 (8th Cir. 2020)

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Court Description: [Colloton, Author, with Gruender and Grasz, Circuit Judges] Criminal case - Criminal law. Police officers had reasonable suspicion to believe defendant unlawfully possessed a firearm and they made a valid investigative seizure. [ December 08, 2020 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2188 ___________________________ Donald H. Kimball lllllllllllllllllllllPlaintiff - Appellant v. Altoona Police Dept; Greg Stallman, Chief lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Southern District of Iowa - Central ____________ Submitted: December 4, 2020 Filed: December 9, 2020 [Unpublished] ____________ Before BENTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM. Donald Kimball appeals the district court’s 1 dismissal, under Federal Rule of Civil Procedure 12(b), of his pro se 42 U.S.C. § 1983 action. Having carefully 1 The Honorable Stephanie M. Rose, United States District Judge for the Southern District of Iowa. reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. See Montin v. Moore, 846 F.3d 289, 292 (8th Cir. 2017) (de novo review of Rule 12(b)(6) dismissal). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-

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