Leonard N. Anderson v. Ed Smith
Leonard N. Anderson v. Ed Smith
Opinion
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Submitted: June 18, 2020 Filed: July 29, 2020 [Unpublished] ____________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 state- law 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-
Reference
- Status
- Unpublished