Michael Jacobson v. Solid Waste Agency, No. 05-3704 (8th Cir. 2006)
Annotate this CaseCourt Description: Civil Case - civil rights. Grant of summary judgment to defendant is affirmed, as claims are barred under state law.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3704 ___________ Michael Jacobson, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Nebraska. Solid Waste Agency of Northwest * Nebraska, * [UNPUBLISHED] * Appellee. * ___________ Submitted: November 27, 2006 Filed: December 1, 2006 ___________ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Michael Jacobson appeals the district court s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Having carefully reviewed the record, we agree with the district court that Jacobson s claims are barred under Nebraska law because he seeks to bring the same claims he brought, or could have brought, in his prior state-court action. See Misischia v. St. John s Mercy Health Sys., 457 F.3d 800, 1 The Honorable F.A. Gossett, III, United States Magistrate Judge for the District of Nebraska, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 804 (8th Cir. 2006) (preclusive effect of prior state-court judgment is governed by law of state in which judgment was rendered), petition for cert. filed, (U.S. Nov. 2, 2006) (No. 06-623); Carter v. Kansas City S. Ry. Co., 456 F.3d 841, 848 (8th Cir. 2006) (de novo review); Eicher v. Mid America Fin. Inv. Corp., 702 N.W.2d 792, 809 (Neb. 2005) (elements of res judicata). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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