U.S. Court of Appeals for the Eighth Circuit, 2024

Wyatt Rasmussen v. Dustin Baxter

Wyatt Rasmussen v. Dustin Baxter
U.S. Court of Appeals for the Eighth Circuit · Decided June 21, 2024

Wyatt Rasmussen v. Dustin Baxter

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3496 ___________________________ Wyatt W. Rasmussen lllllllllllllllllllllPlaintiff - Appellant v. Dustin Baxter, in his official capacity; Brandon Fleagle, in his official capacity lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of South Dakota - Central ____________ Submitted: June 13, 2024 Filed: June 21, 2024 [Unpublished] ____________ Before SMITH, SHEPHERD, and ERICKSON, Circuit Judges. ____________ PER CURIAM.

Wyatt Rasmussen appeals following the district court’s1 adverse grant of summary judgment in his pro se 42 U.S.C. § 1983 action. On appeal, he challenges The Honorable Roberto Lange, Chief Judge, United States District Court for the District of South Dakota. the denial of his motion seeking a court-appointed expert to review police audio footage for alteration. We conclude the district court did not abuse its discretion in denying his request. See Fed. R. Evid. 706(a) (permitting court to appoint its own expert witness); see also Petrone v. Werner Enters., Inc., 42 F.4th 962, 969 (8th Cir. 2022) (recognizing district court’s discretion under Rule 706 to appoint expert).

Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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