Spinar v. South Dakota Bd. of Regents, 796 F.2d 1060 (8th Cir. 1986). · Go Syfert
Spinar v. South Dakota Bd. of Regents, 796 F.2d 1060 (8th Cir. 1986). Cases Citing This Book View Copy Cite
Quick Summary

A Rule 60(b)(1) motion for relief from judgment must be filed within the thirty-day appeal period, and a claim of legal error is not a basis for such relief.

A former university administrator sued the state board of regents and its members under section 1983 and state law. After the district court dismissed his complaint and entered judgment, he filed a motion for reconsideration thirty-two days later, after the appeal period expired, arguing the court erred as a matter of law. The question presented is whether the district court had power to vacate its judgment. The court holds that such a motion asserting legal error is not a cognizable ground under Rule 60(b), and a Rule 60(b)(1) motion must be filed within the appeal period. The court concludes the district court lacked jurisdiction and dismisses the appeal.

67 citation events (32 in the last 25 years) across 17 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Cited for
At page 1062 Reviewing district court power to grant relief from judgment9 citing casesIf ... a motion under Rule 59(e) for amendment of the judgment, Spi-nar’s motion clearly was filed after the ten-day time limit for serving such motions, and the District Court was without jurisdiction to consider it.1 citing court put it this way
  • Muñoz v. Bd. of Trs. of the Univ. of the Dist. of Columbia, 730 F. Supp. 2d 62 (D.D.C. 2010).published
    See, e.g., Elias v. Ford Motor Co., 734 F.2d 463, 467 (1st Cir.1984); Smith v. Evans, 853 F.2d 155, 158 (3d Cir.1988); McKnight v. U.S. Steel Corp., 726 F.2d 333 (7th Cir.1984); Spinar v. South Dakota Board of Regents, 796 F.2d 1060, 1062…
  • Ward v. Kennard, 200 F.R.D. 137 (D.D.C. 2001).published
    For example, the First, Third, Fourth, Seventh, and Eighth Circuits oppose allowing parties to use Rule 60(b) motions “to correct legal errors.” See, e.g., Elias v. Ford Motor Co., 734 F.2d 463, 467 (1st Cir.1984) (Rule 60(b) cannot alone…
  • Ward v. Kennard, 133 F. Supp. 2d 54 (D.D.C. 2001).published
    For example, the First, Third, Fourth, Seventh, and Eighth Circuits oppose allowing parties to usé Rule 60(b) motions “to correct legal errors.” See, e.g., Elias v. Ford Motor Co., 734 F.2d 463, 467 (1st Cir.1984) (Rule 60(b) cannot alone…
  • Sorrells Body Shop, Inc. v. Gililland (In re Gililland), 234 B.R. 741 (Bankr. E.D. Ark. 1999).published
    (If ... a motion under Rule 59(e) for amendment of the judgment, Spi-nar’s motion clearly was filed after the ten-day time limit for serving such motions, and the District Court was without jurisdiction to consider it.)
  • Chester v. Nw. Iowa Youth Emergency Ctr., 158 F.R.D. 626 (N.D. Iowa 1994).published
    Spinar, 796 F.2d at 1062.
  • Bbca, Inc. v. United States, 954 F.2d 1429 (8th Cir. 1992).published
    The timely filing of a notice of appeal is a prerequisite to this court’s appellate jurisdiction. 2 See, e.g., Spinar v. South Dakota Board of Regents, 796 F.2d 1060, 1062 (8th Cir.1986).
  • In re Leonard & Jeanette Wieseler, Debtors. Prod. Credit Ass'n of the Midlands v. Leonard & Jeanette Wieseler, 934 F.2d 965 (8th Cir. 1991).published
    “we review a district court’s decision to grant or deny relief from a judgment under the abuse of discretion standard”
  • Terry Wayne Sanders v. Clemco Indus. & Ingersoll-Rand Co., 862 F.2d 161 (8th Cir. 1988).published 6 cites
    Spinar, 796 F.2d at 1062.
  • Jackson v. Med. Coaches, 734 A.2d 502 (R.I. 1999).published
    (holding that a district court judge may not, on a Rule 60(b) motion, reconsider and/or correct a prior finding of law that *508 caused dismissal of an action because such a finding, if erroneous, does not represent the…)
At page 1063 Motion for reconsideration failing to state proper grounds under rule 60(b)(1)2 citing cases“mistake, inadvertence, surprise, or excusable neglect.”1 citing court quotes it
Other citing cases11 with no pin cite or quoted language on record
Show 1 more citing case
Retrieving the full opinion text from the archive…
Leo H. SPINAR
v.
SOUTH DAKOTA BOARD OF REGENTS William J. Srstka, Jr. Michelle Tapken Howard Owens Frederick Cozad Howard Levi Margerie Mortimer Betty Redfield Bonnie Sivage Dennis McFarland
No. 85-5417.
Court of Appeals for the Eighth Circuit.
Jul 23, 1986.
Published opinion
796 F.2d 1060
1986 U.S. App. LEXIS 27432
Mark F. Marshall, Rapid City, S.D., for appellant., Terry N. Prendergast, Sioux Falls, S.D. and Gary E. Davis, Gregory, S.D., for appellees.
Bowman, Bright, McMillian.
Cited by 8 opinions  |  Published
BOWMAN, Circuit Judge.

Leo H. Spinar, formerly an administrator at South Dakota State University and currently a full professor there, has brought this action seeking damages against the South Dakota Board of Regents (Board) and its members in their individual capacities (Regents) for wrongfully terminating his employment as an administrator. His complaint asserts deprivations of his constitutional rights in violation of 42 U.S.C. § 1983 as well as several pendent state law claims. This case is before us on appeal from the District Court’s grant of defendants-appellees’ motions to dismiss Spinar’s complaint and for summary judgment. We dismiss the appeal for lack of jurisdiction.

The facts leading to this lawsuit are stated briefly because our disposition of the case does not reach the merits of the appeal. In 1966, Spinar joined the South Dakota State University faculty as an associate professor of chemistry. Eventually he achieved the rank of full, tenured professor. In the early 1970s, Spinar became a full-time administrator, without tenure, in which position he served until July 1982 by virtue of a series of one-year contracts. The Board notified him in September 1981 that it would be relieving him of his administrative duties as of June 30, 1982. In July 1982, Spinar returned to his former position as professor of chemistry. He later filed this action.

The gist of Spinar’s claim under section 1983 is that defendants deprived him, without due process, of a property right in continued employment as an administrator. He also asserts a section 1983 claim based upon an alleged violation of his First Amendment right of free speech.. As previously mentioned, his complaint also sets forth several state law claims.

On May 28, 1985, defendants filed motions in the District Court to dismiss Spinar’s complaint for failure to state claims upon which relief could be granted and for summary judgment. The motions were supplemented by an extensive memorandum of legal arguments and authorities as well as a statement of facts. Spinar never responded to these motions.

Accordingly, on August 19, 1985 (some eighty-three days later), the District Court granted the motion to dismiss Spinar’s federal claims, and dismissed his state law claims without prejudice. The District Court held that the Board cannot be sued under section 1983 because it is not a “person” within the meaning of that section. The court found that the Regents were not acting in their individual capacities and that the Eleventh Amendment barred this action against the individual Regents in their official capacities because any judgment against the Regents in their official capacities would be paid from the state treasury. Spinar v. South Dakota Board of Regents, No. CIV 84-5086, slip op. at 1-2 (D.S.D. Aug. 19, 1985) (memorandum opin[*1062]ion). Judgment was entered for defendants on August 19, 1985 in conformance with the District Court’s memorandum opinion.

Thirty-two days later, on September 20, 1985, after the time for appeal under Fed.R.App.P. 4(a) had expired, Spinar filed a “Motion for Reconsideration,” claiming that the court’s judgment “adversely affected” him. Designated Record (D.R.) at 91, 92. He asked the court to vacate its prior judgment on the grounds that: (1) the complaint alleges individual actions by the Regents outside the scope of their authority; (2) immunity cannot protect public officers such as the Regents from claims that they are personally liable; (3) the individual Regents are personally liable; and (4) the Eleventh Amendment does not bar the action against the Regents because any judgment would be paid out of insurance proceeds rather than public funds.

The District Court granted the motion for reconsideration and on October 17,1985 vacated its August 19, 1985 opinion and order. The court then proceeded to grant defendants’ then-pending motions to dismiss (on behalf of the Board) and for summary judgment (on behalf of the individual Regents), and again entered judgment in favor of defendants. Spinar timely filed this appeal of that judgment.

As a threshold matter, we must satisfy ourselves of our jurisdiction to hear the appeal as well as the District Court’s jurisdiction to vacate its original judgment and to issue the judgment before us. Landrum v. Moats, 576 F.2d 1320, 1323 (8th Cir.), cert. denied, 439 U.S. 912, 99 S.Ct. 282, 58 L.Ed.2d 258 (1978); Baker v. Riss & Co., 444 F.2d 257, 259 (8th Cir.1971). Normally, we review a district court’s decision to grant or deny relief from a judgment under the abuse of discretion standard. See Harris v. Arkansas Department of Human Services, 771 F.2d 414, 417 (8th Cir.1985); Knox v. Lichtenstein, 654 F.2d 19, 21 (8th Cir.1981): However, when we review the district court’s power to entertain such relief, we are presented with a question of law which we review de novo.

Neither Spinar nor the District Court denominated the Motion for Reconsideration as falling under any particular rule of federal civil procedure. Such motions typically have been characterized as motions under Fed.R.Civ.P. 59 or 60, the precise categorization depending to some extent on the substance of the motion. Harris, 771 F.2d at 416 n. 3. If characterized-as a motion under Rule 59(e) for amendment of the judgment, Spinar’s motion clearly was filed after the ten-day time limit for serving such motions, and the District Court was without jurisdiction to consider it. In addition, the motion does not enunciate any extraordinary circumstances that would merit relief under Rule 60(b). See Spika v. Village of Lombard, 763 F.2d 282, 285 (7th Cir.1985), cert. denied, — U.S. —, 106 S.Ct. 793, 88 L.Ed.2d 771 (1986).

Rather, a close reading of the motion satisfies us that the ground for relief asserted therein is that the District Court erred as a matter of law in granting the motion to dismiss as to the individual Regents. In other words, the motion asserts that the District Court made a legal error. So construed, the motion does not set forth a ground for relief cognizable under Rule 60(b).

This Court has maintained consistently that “Rule 60(b) was not intended as a substitute for a direct appeal from an erroneous judgment.” Hartman v. Lauchli, 304 F.2d 431, 432 (8th Cir.1962); Fox v. Brewer, 620 F.2d 177, 180 (8th Cir.1980). The thirty-day time limit under Fed.R.App.P. 4(a) is mandatory and jurisdictional; it cannot be avoided through a spurious Rule 60(b) motion. The purpose of Rule 4(a) is clear: “It is ‘to set a definite point of time when litigation shall be at an end, unless within that time the prescribed application has been made; and if it has not, to advise prospective appellees that they are freed of the appellant’s demands.’ ” Browder v. Director, Department of Cor[*1063] rections, 434 U.S. 257, 264, 98 S.Ct. 556, 560, 54 L.Ed.2d 521 (1978); see Young v. Chicago, Milwaukee, St. Paul & Pacific Railroad, 369 F.2d 502, 504 (8th Cir.1966).

Spinar seeks to bring his case within Rule 60(b)(1), which permits a court to grant relief “from a final judgment, order, or proceeding for ... mistake, inadvertence, surprise, or excusable neglect.” Accordingly, Spinar asserts in his reply brief that he sought reconsideration of the August 1985 judgment on the grounds of the mistake, inadvertence, or excusable neglect of his counsel in failing to file a brief in opposition to defendants’ motions for summary judgment and for dismissal of the complaint. We conclude, however, that the text of Spinar’s Motion for Reconsideration admits to no such interpretation — even liberally read it does not suggest that errors or omissions of counsel were the basis for the relief requested of the District Court. Rather, the motion simply asserts that the court erred as a matter of law in granting judgment for the individual defendants. Thus the motion did not set forth a proper ground under Rule 60(b)(1) for relief from judgment. Moreover, even if the Motion for Reconsideration could be construed as asserting a ground for relief cognizable under Rule 60(b)(1), the District Court lacked jurisdiction because Spinar failed to file the motion within the thirty-day time limit for filing a notice of appeal. See Fox, 620 F.2d at 180 (requiring Rule 60(b)(1) motions to be made within the time period allowed for appeals); CRI, Inc. v. Watson, 608 F.2d 1137, 1143 (8th Cir.1979) (same). Spinar does not argue that any of the other subdivisions of Rule 60(b) are applicable.

For the reasons set forth above, we conclude that the District Court lacked jurisdiction to vacate its original judgment and to issue a new judgment. It follows that this Court lacks jurisdiction and thus we dismiss the appeal.

BRIGHT, J., concurs in the result.