Robert Fletcher v. State of Nebraska, et al, No. 08-1939 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil Case - civil rights. Adverse judgment is affirmed, as appellant did not identify any facts creating a triable issue as to whether any defendant caused a constitutional injury.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1939 ___________ Robert Fletcher, * * Appellant, * * v. * * State of Nebraska; Nebraska Health & * Appeal from the United States Human Services; Brown County; * District Court for the Cherry County; Office of Brown * District of Nebraska. County Attorney; Office of Cherry * County Attorney; Brown County * [UNPUBLISHED] Sheriff Department; Cherry County * Sheriff Department; Doug Stanton, in * his official & individual capacity; * Monika Anderson, in her official & * individual capacity; Lenone Koenig, in * her official & individual capacity; * Prairey Walkling, in her official & * individual capacity; David Streich, in * his official & individual capacity; Eric * Scott, in his official & individual * capacity; Steve Hapner, in his official * & individual capacity; Joe Kreycik, in * his official & individual capacity; * Benjamin McBride, in his official & * individual capacity; City of Valentine, * * Appellees. * ___________ Submitted: October 16, 2009 Filed: December 14, 2009 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Robert Fletcher appeals the district court s1 adverse judgment in his 42 U.S.C. § 1983 action. Following our careful de novo review, see McBurney v. Stew Hansen s Dodge City, Inc., 398 F.3d 998, 1001 (8th Cir. 2005), we conclude that Fletcher did not identify any facts creating a triable issue as whether any defendant caused a constitutional injury in the course of investigating allegations of child abuse. See Crossley v. Georgia-Pacific Corp., 355 F.3d 1112, 1113 (8th Cir. 2004) (per curiam) (plaintiff s burden to rebut properly supported summary judgment motion); cf. Monell v. Dep t of Social Servs., 436 U.S. 658, 690-91 & n.55 (1978) (plaintiff seeking to impose § 1983 liability on local government body must show official policy or widespread custom or practice of unconstitutional conduct that caused deprivation of constitutional rights); King v. Fletcher, 319 F.3d 345, 348 (8th Cir. 2003) (Fourth Amendment protection against unreasonable searches does not apply if property owner consents to search); Thomason v. SCAN Volunteer Servs., Inc., 85 F.3d 1365, 1373 (8th Cir. 1996) (child welfare authorities were absolutely immune from liability in civil rights action for their initiation of proceedings related to child abuse, as their role was functionally comparable to that of prosecutor; absolute witness immunity applied to arguably false statements made by case worker in her affidavit). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. We deny Fletcher s pending motion. ______________________________ 1 The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska. -2-
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