Lawrence E. Lupien v. Harold W. Clarke

1The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri, adopting the report and recommendations of the
Honorable William A. Knox, United States Magistrate Judge for the Western District
of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-2218
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George Brown, Jr., *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Western
* District of Missouri.
Gary Kempker, *
* [UNPUBLISHED]
Appellee. *
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Submitted: March 1, 2005
Filed: March 4, 2005
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Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MELLOY, Circuit
Judges.
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PER CURIAM.
In this appeal after remand, George Brown, Jr. challenges the district court's1
adverse grant of summary judgment and denial of leave to amend in his 42 U.S.C.
§ 1983 action in which he brought a claim of retaliation. Upon careful de novo
review, see Kincaid v. City of Omaha, 379 F.3d 799, 803-04 (8th Cir. 2004), we

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conclude the district court properly granted summary judgment because there was no
evidence that defendant Gary Kempker was personally involved in the alleged
retaliation or was made aware that Mr. Brown was raising complaints of retaliation
by prison staff. See McDowell v. Jones, 990 F.2d 433, 435 (8th Cir. 1993). We also
conclude that the denial of Mr. Brown's motion for leave to amend was not an abuse
of discretion.
Accordingly, we affirm. See 8th Cir. R. 47A(a).
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