DaCosta Daniels v. Joshua Tyler, No. 14-3892 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam. Before Shepherd, Bye, and Kelly, Circuit Judges] Civil Case - civil rights. District court?s grant of summary judgment on the basis of qualified immunity and statutory immunity is summarily affirmed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-3892 ___________________________ DaCosta Daniels lllllllllllllllllllll Plaintiff - Appellant v. Joshua Tyler, Individually and in his official capacity as a police officer for the City of Sioux City lllllllllllllllllllll Defendant - Appellee Sioux City Community School District lllllllllllllllllllll Defendant ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: September 4, 2015 Filed: September 10, 2015 [Unpublished] ____________ Before SHEPHERD, BYE, and KELLY, Circuit Judges. ____________ PER CURIAM. DaCosta Daniels appeals the district court’s1 adverse grant of summary judgment in her 42 U.S.C. § 1983 action asserting a Fourth Amendment excessiveforce claim and a state-law assault claim against a police officer. After careful de novo review, viewing the evidence and drawing all reasonable inferences in favor of Daniels, see Laganiere v. Cty. of Olmsted, 772 F.3d 1114, 1116 (8th Cir. 2014), we conclude that the district court properly granted summary judgment based on qualified immunity, see Graham v. Connor, 490 U.S. 386, 396-97 (1989); Crumley v. City of St. Paul, 324 F.3d 1003, 1007 (8th Cir. 2003), and statutory immunity, see Iowa Code § 804.8(1); Johnson v. Civil Serv. Comm’n, 352 N.W.2d 252, 257 (Iowa 1984). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. -2-
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