Brian True v. State of Nebraska, et al, No. 11-2225 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case. For the court's prior opinion in the case, see True v. Nebraska, 612 F.3d 676 (8th Cir. 2010). District court's findings of fact on remand were not clearly erroneous and, as no error of law appears, the district court's judgment is affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-2225 ___________ Brian True, * * Appellant, * * v. * * State of Nebraska; Robert Houston, * Director, Department of Correctional * Appeal from the United States Services, an Agency of the State of * District Court for the Nebraska; Diane Sabatka-Rine, * District of Nebraska. Warden, Lincoln Correctional Center; * Robert Madsen, Deputy Warden, * [UNPUBLISHED] Lincoln Correctional Center, * * Appellees. * ___________ Submitted: September 23, 2011 Filed: October 12, 2011 ___________ Before LOKEN, GRUENDER and BENTON, Circuit Judges. ___________ PER CURIAM. After a non-jury trial, the district court1 dismissed Brian L. True s suit for violation of his Fourth Amendment rights. True v. Nebraska, 2011 WL 1791353 (D.Neb. May 11, 2011), remanded by 612 F. 3d 676, 683 n.5 (8th Cir. 2010). The 1 The Honorable Joseph F. Bataillon, Chief United States District Judge for the District of Nebraska. district court specifically found that community custody inmates have unsupervised access to the [prison] parking lot, and thus the random search of True s vehicle was reasonable to keep contraband out of the institution. True appeals. The judgment of the district court is based on findings of fact that are not clearly erroneous, and no error of law appears. The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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