Thomas Phillip Bell v. Dural C. Gross, Detective; Kiah Marshall, Hughes County Jail; Judge John L. Brown; Clerk's Office of Pierre, SD Teen Court, Pierre, SD; Hughes County Police; Wayde Fisher, Fired Attorney; and Patricia Carlson, New Hired Attorney

Summary

The United States District Court for the District of South Dakota denied Thomas Phillip Bell's motions to reopen his dismissed 42 U.S.C. § 1983 case. The court held that Bell had not shown grounds for relief under Federal Rules of Civil Procedure 59(e) or 60(b), and noted that the dismissal had been affirmed by the Eighth Circuit.

Holdings

1. Bell did not establish a manifest error of law or fact, newly discovered evidence, or another basis warranting relief under Rule 59(e); therefore, the motion to reopen was denied.
2. Bell failed to demonstrate exceptional circumstances warranting extraordinary relief under Rule 60(b); therefore, the motions to reopen were denied.

Questions Presented

1. Whether Bell established grounds for relief from judgment under Federal Rule of Civil Procedure 59(e).
2. Whether Bell established exceptional circumstances warranting relief under Federal Rule of Civil Procedure 60(b).

Disposition

other