Leonard N. Anderson v. Ed Smith, No. 19-1959 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Kelly, Erickson and Stras, Circuit Judges] Civil case - Civil rights. The district court did not err in determining plaintiff's amended complaint failed to state a federal claim.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1959 ___________________________ Leonard N. Anderson Plaintiff - Appellant v. Ed Smith, in his individual capacity and his official capacity for his conduct under color of law, in the course and scope of his employment, as a City of St. Paul, Department of Safety Inspections Employee; City of St. Paul, a political subdivision of the State of Minnesota Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: June 18, 2020 Filed: July 29, 2020 [Unpublished] ____________ Before KELLY, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM. Leonard Anderson and the City of St. Paul have had a long-running dispute over building-code violations on his property. He eventually sued the City and one of its inspectors in federal court. His amended complaint contained two sets of claims: seven total under 42 U.S.C. § 1983 and two more under state law. The district court 1 dismissed the federal claims with prejudice, see Fed. R. Civ. P. 12(b)(6), and declined to exercise supplemental jurisdiction over the statelaw claims, see 28 U.S.C. § 1367(c)(3). Reviewing the dismissal de novo and having carefully reviewed the record and the parties’ arguments, we agree with the district court that Anderson’s amended complaint fails to state a federal claim. See Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (standard of review). We accordingly affirm the judgment.2 See 8th Cir. R. 47B. ______________________________ 1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota. 2 We note that the district court’s order states that “Anderson’s state-law claims” are dismissed without prejudice, but the judgment itself omits one: a trespass claim (Claim V). If this is a clerical error, the district court can correct it. See Fed. R. Civ. P. 60(a). -2-

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