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James Tucker, Individually and * In His Official Capacity As A * [UNPUBLISHED] Forrest City Police Officer; * Forrest City Police Department; * and City of Forrest City, * Arkansas, * * Appellees.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

The Honorable George F. Gunn, Jr., United States District Judge for the Eastern District of Missouri.

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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