John M. Carter v. William Muldoon

In this civil rights action, John M. Carter appeals following the district court’s1

adverse grant of summary judgment. Viewing the record in a light most favorable to

The Honorable Laurie Smith Camp, United 1 States District Judge for the

District of Nebraska.



Carter, we find that the district court properly granted summary judgment to

defendants William Muldoon and Dave Stolz in their individual capacities based on

a determination that they were entitled to qualified immunity. See Clark v. Clark, 926

F.3d 972, 977 (8th Cir. 2019) (de novo review). We also find no abuse of discretion

in the district court’s denial of Carter’s motion for recusal. See Fletcher v. Conoco

Pipe Line Co., 323 F.3d 661, 664 (8th Cir. 2003) (judge is presumed impartial, and

party seeking recusal bears substantial burden of showing otherwise); Moran v.

Clarke, 296 F.3d 638, 648 (8th Cir. 2002) (en banc) (standard of review). The

judgment is affirmed, see 8th Cir. R. 47B; and Carter’s motion to supplement the

record is denied.

Affirmed