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BERGSTROM v. FRASCONE

No. 12-2852.

744 F.3d 571 (2014)

James BERGSTROM, Plaintiff-Appellant v. Sgt. Michelle FRASCONE, in her individual capacity; Sgt. Vicki Braman, in her individual capacity; Vanessa Rew, an individual; Sgt. Stacey Webb, in her individual capacity; Commander Kris Mienert, in her individual capacity; Sgt. Sue McMahon, in her individual capacity; Det. Chris Donohoe, in his individual capacity; Det. Chris Ployart, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 6, 2014.

Attorney(s) appearing for the Case

Diana Lynn Longrie , argued, Maplewood, MN, for Plaintiff-Appellee.

Peter J. Schwingler , argued, Minneapolis, MN, ( Monica L. Davies , Phillip J. Ashfield , and Peter J. Schwingler of Minneapolis, MN, on the brief), for Appellee Vanessa Rew, and ( Joseph E. Flynn and Michael P. Goodwin , of Lake Elmo, MN, on the brief), for the remaining appellees.

Before LOKEN, BRIGHT, and BYE, Circuit Judges.

BYE, Circuit Judge.

James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months, Bergstrom's attorney failed to comply with a court ordered deadline to submit answers to written discovery requests. The district court dismissed Bergstrom's suit with prejudice for failure to prosecute and failures to comply with a court order and the Federal Rules of Civil Procedure...

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