Glenda Gardner v. Frederick Franklin, No. 22-2316 (8th Cir. 2023)

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Court Description: [Per Curiam - Before Shepherd, Erickson, and Stras, Circuit Judges] Civil case - Civil rights. Dismissal affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2316 ___________________________ Glenda Sue Gardner, Individually and As Personal Representative of The Estate of Jacob Gardner; David Gardner lllllllllllllllllllllPlaintiffs - Appellants v. Frederick D. Franklin; Donald W. Kleine; Douglas County Attorney's Office, Douglas County, Nebraska; Does 1-2 lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: February 24, 2023 Filed: March 9, 2023 [Unpublished] ____________ Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM. David Gardner and Glenda Gardner--individually and as representative for the estate of her son, Jacob--appeal the district court’s1 dismissal of their civil rights action raising claims under federal and state law. Following a careful review, we conclude that the district court did not err in dismissing the case. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155, 1158 (8th Cir. 2014) (de novo review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. -2-

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