Brian Maus v. Stephanie Olmsted

Summary

The United States District Court for the Eastern District of Wisconsin denied Brian Maus’s motion for reconsideration of the dismissal of his second amended civil rights complaint. The court concluded that Maus’s jurisdictional objections and allegations of a criminal conspiracy were frivolous and unrelated to the dismissal, and therefore did not establish grounds for reconsideration under Federal Rule of Civil Procedure 59(e).

Holdings

1. A party seeking reconsideration under Rule 59(e) must clearly establish either a manifest error of law or fact or newly discovered evidence that precluded entry of judgment; Maus did not meet that standard.

Questions Presented

1. Whether Maus established a basis for reconsideration of the judgment under Federal Rule of Civil Procedure 59(e).
2. Whether Maus's jurisdictional and judicial-conspiracy arguments warranted reconsideration of the dismissal.

Disposition

other