United States Court of Appeals

FOR THE EIGHTH CIRCUIT

No. 96-2397

Ralph Nesbitt, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. James Tucker, Individually and * In His Official Capacity As A * [UNPUBLISHED] Forrest City Police Officer; * Forrest City Police Department; * and City of Forrest City, * Arkansas, * * Appellees. *

Submitted: January 17, 1997

Filed: April 14, 1997

Before LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and GUNN,1 District Judge.

PER CURIAM.

Arguing that a genuine issue of a material fact does exist, Ralph Nesbitt appeals the district court's2 grant of summary judgment against him in his 42 U.S.C. § 1983 action. After careful review of the record and the parties' briefs, we conclude that

1 The Honorable George F. Gunn, Jr., United States District Judge for the Eastern District of Missouri. 2 The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas. summary judgment was proper. Because a thorough opinion would lack precedential value, we affirm without additional discussion. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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