David Meador v. Dan Anderson, et al, No. 09-3641 (8th Cir. 2010)

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Court Description: Civil case - civil rights. Defendants' summary judgment affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3641 ___________ David Meador, Appellant, v. Dan Anderson; Gene Bjerke, Appellees. * * * Appeal from the United States * District Court for the * District of North Dakota. * * [UNPUBLISHED] * * ___________ Submitted: April 30, 2010 Filed: May 6, 2010 ___________ Before LOKEN, BYE, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. David Meador appeals from the district court s1 adverse grant of summary judgment in his 42 U.S.C. ยง 1983 action against a deputy sheriff and the sheriff of Barnes County, North Dakota, alleging that he was subject to an unlawful arrest in violation of his constitutional rights. Upon de novo review, we conclude that summary judgment was proper for the reasons stated in the district court s order. See Pearson v. Callahan, 129 S. Ct. 808, 815-16 (2009) (qualified immunity); Thomas v. Dickel, 213 F.3d 1023, 1026 (8th Cir. 2000) (a failure-to-train claim cannot stand 1 The HONORABLE RALPH R. ERICKSON, United States District Judge for the District of North Dakota. unless there is liability on an underlying substantive claim). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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