U.S. Court of Appeals for the Eighth Circuit, 2021

William Adams v. City of Lincoln

William Adams v. City of Lincoln
U.S. Court of Appeals for the Eighth Circuit · Decided November 17, 2021

William Adams v. City of Lincoln

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1862 ___________________________ William Adams lllllllllllllllllllllPlaintiff - Appellant v. City of Lincoln lllllllllllllllllllllDefendant - Appellee Jeffrey Sorensen lllllllllllllllllllllDefendant Joseph Villamonte; Daniel Dufek lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: November 10, 2021 Filed: November 17, 2021 [Unpublished] ____________ Before COLLOTON, BENTON, and GRASZ, Circuit Judges. ____________ PER CURIAM.

William Adams appeals the district court’s1 adverse grant of summary judgment in his action under 42 U.S.C. § 1983. We conclude that the order granting summary judgment to the City of Lincoln and its officers Joseph Villamont and Daniel Dufek was not final, as it did not dispose of the claims against Capital Towing, Inc. See 28 U.S.C. § 1291; Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991). Although the clerk entered default against Capital Towing under Federal Rule of Civil Procedure 55(a), the district court did not subsequently enter default judgment under Federal Rule of Civil Procedure 55(b) as required to render the judgment final. See Fed. R. Civ. P. 55(b); Ackra Direct Mktg. Corp. v. Fingerhut Corp., 86 F.3d 852, 855 (8th Cir. 1996); Berthelsen v. Kane, 886 F.2d 330 (6th Cir. 1989).

Accordingly, the appeal is dismissed for lack of jurisdiction because it is premature. ______________________________

The Honorable Robert F. Rossiter, Jr., United States District Judge for the District of Nebraska.

-2-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.