Beadle v. City of Omaha, No. 19-3230 (8th Cir. 2020)
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After Daniel Elrod was shot and killed by a former Omaha police officer, plaintiff filed suit against the officer and others under 42 U.S.C. 1983 and state law. The district court granted summary judgment to the officer in his individual capacity only, ruling that the former officer was entitled to qualified immunity on the section 1983 claim. After the district court's summary judgment decision, plaintiff abandoned her case and did not respond to subsequent motions or discovery requests.
The Eighth Circuit affirmed the district court's dismissal of the case for failure to prosecute, finding (1) no abuse of discretion in dismissing plaintiff's case for failure to prosecute, (2) the dismissal for failure to prosecute bars appellate review of earlier entered interlocutory orders, and (3) plaintiff's failure to analyze in her brief issues related to other decisions identified in her Notice of Appeal constitutes a waiver.
Court Description: [Erickson, Author, with Benton and Grasz, Circuit Judges] Civil case - Civil rights. The district court did not abuse its discretion in dismissing the case for failure to prosecute and the dismissal for failure to prosecute bars appellate review of earlier entered interlocutory orders; further, appellant's failure to analyze in her brief issues related to other decisions identified in her notice of appeal constitutes a waiver.
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