United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2165
___________________________
Calvin Hammock
lllllllllllllllllllll Plaintiff - Appellant
v.
Brad Jensen, Individually and in his capacity as a City of Davenport Police
Officer; Samuel Miller, Individually and in his capacity as a City of Davenport
Police Officer; Epigmenio Canas, Individually and in his capacity as a Detective
with City of Davenport Police; Jason Smith, Individually and in his capacity as a
Sargeant with City of Davenport Police; Patrick Sievert, Individually and in his
capacity as a City of Davenport Police Officer; Austin Kean, Individually and in
his capacity as a Detective with the City of Davenport Police; James Quick,
Individually and in his capacity as a City of Davenport Police Officer; Christopher
Mahieu, Individually and in his capacity as a City of Davenport Police Officer;
Frank Donchez, Individually and in his capacity as Chief of Police for the City of
Davenport; Bill Gluba, Individually and in his capacity as Chief Executive Officer
for the City of Davenport; City of Davenport, Iowa In capacity as a Municipal
Corporation of the State of Iowa; Davenport Police Department, In capacity as a
branch of the municipal corporation Davenport in the State of Iowa; Genesis
Health System; Dr. Steven Bashor, Genesis Health System; Unknown Nurse,
Genesis Health System; Kelly Cunningham, Individually and in her capacity as an
assistant county attorney in the county of Scott, State of Iowa; Michael Walton, in
his capacity as county attorney for the county of Scott in the state of Iowa; County
of Scott, Filed as The County of Scott, in collective capacity as an agency on the
State of Iowa, and individual capacity under Home Rule authority; State of Iowa
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Southern District of Iowa - Davenport
____________
Submitted: January 3, 2014
Filed: January 9, 2014
[Unpublished]
____________
Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
Calvin Hammock brought an action under 42 U.S.C. §§ 1983 and 1985 and
Title II of the Americans with Disabilities Act arising out of his detention and arrest
and criminal charges brought against him that were later dismissed. Upon
defendants’ various motions, the District Court1 dismissed some defendants and
claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure (failure to state
a claim) and the remainder under Rule 56 (summary judgment). Upon de novo
review, see Bernini v. City of St. Paul, 665 F.3d 997, 1002–03 (8th Cir.) (Rule 56),
cert. denied, 133 S. Ct. 526 (2012); Brooks v. Midwest Heart Grp., 655 F.3d 796, 799
(8th Cir. 2011) (Rule 12(b)(6)), and careful consideration of Hammock’s arguments
for reversal, we affirm for the reasons stated by the District Court.
______________________________
1
The Honorable Charles R. Wolle, United States District Judge for the Southern
District of Iowa.
-2-