Kyle Hane v. City of Cedar Rapids, et al
| Kyle Mark Hane |
| City of Cedar Rapids, Mike Kitsmiller, City of Marion Chief of Police, Cassandra Gundacker, City of Cedar Rapids Police Officer, Alexander Karl-Beu Haas, City of Cedar Rapids Police Officer Badge #1092, City of Marion, David Dostal, City of Cedar Rapids Chief of Police, Johanna Heidelbauer, City of Marion Police Officer Badge #M228, Benoit Leroy, City of Marion Police Officer Badge #M214, Linn County IA, Brian Gardner, Linn County Sheriff, Brenna Bird, State of Iowa Attorney General, Shean D. Fletchall, State of Iowa Deputy Attorney General, Scott Marler, State of Iowa Director of Transportation and State of Iowa, By and through the Iowa Attorney General |
| 25-3321 |
| November 21, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Voting |
Opinions
We have the following opinions for this case:
| Description |
|---|
| Kyle Hane v. City of Cedar Rapids |
Docket Report
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This docket was last retrieved on March 9, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| BRIEF FILED - APPELLANT REPLY BRIEF filed by Kyle Mark Hane. w/service 03/09/2026 , Length: 12 pages (6 copies) [5615955] [25-3321] (JES) [Entered: 03/09/2026 09:44 AM] |
| REPLY brief of Kyle Mark Hane submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5614550] [25-3321] (JES) [Entered: 03/04/2026 09:03 AM] |
| ****DOCUMENT LOCKED**** RESPONSE in opposition to brief Appellee/Respondent brief [ # 5601874-2 ], brief Appellee/Respondent brief [ # 5602134-2 ], brief Appellee/Respondent brief [ # 5596217-2 ], brief Appellee/Respondent brief [ # 5593938-2 ] filed by Party Kyle Mark Hane , w/service 03/04/2026. [5614541] [25-3321]--[Edited 03/04/2026 by JES - This document has been refiled by the clerks office using the correct filing event, see docket ID: 5614550] (KMH) [Entered: 03/04/2026 08:51 AM] |
| Paper copies Appellee/Respondent brief, [ # 5602134-2 ] filed by City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas 10 paper copies received. [5610886] [25-3321] (CRJ) [Entered: 02/23/2026 02:30 PM] |
| ADDENDUM of APPELLANT FILED by Appellant Kyle Mark Hane , w/service 02/10/2026. [5606735] [25-3321] (JES) [Entered: 02/10/2026 02:39 PM] |
| CLERK ORDER: Granting [ # 5601998-2 ] motion for leave to file addendum to appellant's brief out of time filed by Appellant Kyle Mark Hane. [5606727] [25-3321] (JES) [Entered: 02/10/2026 02:33 PM] |
| Paper copies Appellee/Respondent brief, [ # 5601874-2 ] filed by City of Marion, Johanna Heidelbauer and Benoit Leroy 10 paper copies received. [5605162] [25-3321] (JES) [Entered: 02/05/2026 12:43 PM] |
| CORRECTED/INITIAL certificate of service for Paper Brief, Doc No. [ # 5601463-2 ], filed by Appellees Brian Gardner and Linn County IA [5603336] [25-3321] (ESW) [Entered: 02/02/2026 10:29 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by City of Marion, Johanna Heidelbauer and Benoit Leroy, w/service 01/28/2026 , Length: 28 pages 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM City of Marion, Johanna Heidelbauer and Benoit Leroy due 02/02/2026 WITH certificate of service for paper briefs The reply brief deadline will be set upon the filing the final appellee brief. [5601874] [25-3321] (AMT) [Entered: 01/28/2026 11:01 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas, w/service 01/28/2026 , Length: 15 pages 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM City of Cedar Rapids, David Dostal and Cassandra Gundacker due 02/02/2026 WITH certificate of service for paper briefs. Reply brief of Kyle Mark Hane due on 02/18/2026. [5602134] [25-3321] (AMT) [Entered: 01/28/2026 03:47 PM] |
| Addendum of APPELLANT submitted for review by Kyle Mark Hane. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5601999] [25-3321] (KMH) [Entered: 01/28/2026 01:19 PM] |
| MOTION for leave to file addendum to appellant's brief out of time [5601998], filed by Party Kyle Mark Hane w/service 01/28/2026. [5601998] [25-3321]--[Edited to correct docket text 01/28/2026 by AMT] (KMH) [Entered: 01/28/2026 01:17 PM] |
| Paper copies Appellee/Respondent brief, [ # 5593938-2 ] filed by Brian Gardner and Linn County IA 10 paper copies received. Paper brief deficiency due 02/02/2026. [5601463] [25-3321] (JES) [Entered: 01/27/2026 12:38 PM] |
| APPELLEE brief of City of Marion, Johanna Heidelbauer and Benoit Leroy submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5601144] [25-3321]--[Edited to list all parties submitting the brief 01/28/2026 by AMT] DOCUMENT REPLACED TO CORRECT TYPO ON COVER PAGE-- NDA RESENT. (SJL) [Entered: 01/26/2026 04:13 PM] |
| APPELLEE brief of City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5600888] [25-3321]--[Edited 01/28/2026 by AMT] DOCUMENT REPLACED TO CORRECT TYPO ON COVER PAGE-- NDA RESENT (PGK) [Entered: 01/26/2026 11:13 AM] |
| Brief deficiency notice sent to counsel, Attorney Patricia G. Kropf for Appellees City of Cedar Rapids, Cassandra Gundacker, Alexander Karl-Beu Haas and David Dostal. [5599285] [25-3321] (JES) [Entered: 01/21/2026 02:09 PM] |
| Brief deficiency notice sent to counsel, Attorney Skylar J. Limkemann for Appellees City of Marion, Johanna Heidelbauer and Benoit Leroy. [5599262] [25-3321] (JES) [Entered: 01/21/2026 01:45 PM] |
| Paper copies Appellee/Respondent brief, [ # 5596217-2 ] filed by Brenna Bird, Shean D. Fletchall, Scott Marler and State of Iowa 10 paper copies received. [5598717] [25-3321] (JES) [Entered: 01/20/2026 02:16 PM] |
| CLERK ORDER: Denying as moot the [ # 5597613-2 ] motion for extension of time to file brief filed by Patricia G. Kropf. [5598469] [25-3321] (JES) [Entered: 01/20/2026 09:53 AM] |
| APPELLEE brief of City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5598305] [25-3321] (PGK) [Entered: 01/16/2026 04:41 PM] |
| APPELLEE brief of Johanna Heidelbauer, Benoit Leroy and City of Marion submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5598296] [25-3321] (SJL) [Entered: 01/16/2026 04:25 PM] |
| RESPONSE in opposition to motion [ # 5597613-2 ] filed by Party Kyle Mark Hane , w/service 01/15/2026. [5597745] [25-3321] (KMH) [Entered: 01/15/2026 01:22 PM] |
| MOTION for extension of time to file brief until 01/20/2026, filed by Attorney Patricia G. Kropf for Appellees City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas w/service 01/15/2026. [5597613] [25-3321] (PGK) [Entered: 01/15/2026 10:39 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by Brenna Bird, Shean D. Fletchall, Scott Marler and State of Iowa, w/service 01/12/2026 , Length: 8,030 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Brenna Bird, Shean D. Fletchall, Scott Marler and State of Iowa due 01/20/2026 WITH certificate of service for paper briefs. The reply brief deadline will be set once all appellee briefs have been filed. [5596217] [25-3321] (AMT) [Entered: 01/12/2026 12:26 PM] |
| CLERK ORDER: Granting [ # 5594233-2 ] motion for extension of time to file brief filed by Skylar J. Limkemann. Brief of Brenna Bird, City of Cedar Rapids, City of Marion, Shean D. Fletchall, Johanna Heidelbauer, Benoit Leroy, Scott Marler, State of Iowa, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas due 01/16/2026. [5595559] [25-3321] (JES) [Entered: 01/09/2026 10:35 AM] |
| APPELLEE brief of Brenna Bird, Shean D. Fletchall, Scott Marler and State of Iowa submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5595533] [25-3321] (CDB) [Entered: 01/09/2026 10:12 AM] |
| MOTION for extension of time to file brief until 01/16/2026, filed by Attorney Skylar J. Limkemann for Appellees City of Marion, Johanna Heidelbauer and Benoit Leroy w/service 01/06/2026. [5594233] [25-3321] (SJL) [Entered: 01/06/2026 07:12 PM] |
| CLERK ORDER: Granting [ # 5592349-2 ] motion for extension of time to file brief filed by Patricia G. Kropf. Brief of City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas due 01/16/2026. [5594087] [25-3321] (JES) [Entered: 01/06/2026 02:49 PM] |
| BRIEF FILED - APPELLEE BRIEF filed by Brian Gardner and Linn County IA, w/service 01/06/2026 , Length: 19 pages 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Brian Gardner and Linn County IA due 01/12/2026 WITH certificate of service for paper briefs. Reply brief deadline will be set once all appellee briefs have been filed. [5593938] [25-3321] (JES) [Entered: 01/06/2026 12:06 PM] |
| On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under Rule 27, certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your motion for extension of time to file brief, [ # 5592349-2 ], submitted by Patricia G. Kropf in 25-3321 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [25-3321] (JES) [Entered: 01/06/2026 11:38 AM] |
| CERTIFICATE OF COMPLIANCE filed by Attorney Patricia G. Kropf for Appellees City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas correcting [ # 5592349-2 ] motion for extension of time to file brief filed by Attorney. [5593948] [25-3321] (PGK) [Entered: 01/06/2026 12:24 PM] |
| MOTION for extension of time to file brief until 01/16/2026, filed by Attorney Patricia G. Kropf for Appellees City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas w/service 12/30/2025. [5592349] [25-3321] (PGK) [Entered: 12/30/2025 03:44 PM] |
| APPELLEE brief of Linn County IA and Brian Gardner submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5591523] [25-3321] (ESW) [Entered: 12/26/2025 10:11 AM] |
| Brief deficiency notice sent to counsel, Attorney Elena Sklyanaya Wolford for Appellees Brian Gardner and Linn County IA. [5591087] [25-3321] (AMT) [Entered: 12/23/2025 10:58 AM] |
| APPELLEE brief of Brian Gardner and Linn County IA submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5590730] [25-3321] (ESW) [Entered: 12/22/2025 12:54 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: If the original file of the U.S. District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by 8th Circuit Rule 30A shall not be required. In accordance with 8th Circuit Local Rule 30A (a)(2), the clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format or filed under seal, exhibits, administrative records and state court files. Appellant's brief has been filed. BRIEF OF APPELLEES are due January 9, 2025. [5586596] [25-3321] (ASL) [Entered: 12/10/2025 10:13 AM] |
| JUDGE ORDER: Denying [ # 5582108-2 ] motion to dismiss case filed by Appellees State of Iowa, Brenna Bird, Shean D. Fletchall, Scott Marler and Chad Douglas Brakhahn, Denying [ # 5584305-2 ] motion to dismiss case filed by Skylar J. Limkemann. Adp Dec 2025 [5586584] [25-3321] (ASL) [Entered: 12/10/2025 10:00 AM] |
| RESPONSE in opposition to motion to dismiss case [ # 5584305-2 ] filed by Appellant Kyle Mark Hane, w/service 12/05/2025. [5585121] [25-3321]--[Edited 12/09/2025 by ASL to remove links to responses] (KMH) [Entered: 12/05/2025 11:20 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by Kyle Mark Hane. w/service 12/04/2025 , Length: 8,375 words , The court has received and filed appellant's brief. Because no briefing schedule has been established, the appellant's brief is premature. Until a briefing schedule is established, no appellee responsive brief is due at this time. [5584598] [25-3321] (JES) [Entered: 12/04/2025 11:21 AM] |
| *Sealed and Refiled as Letter* RESPONSE in support of motion [ # 5582108-2 ], reply [ # 5582931-2 ] filed by Attorney Patricia G. Kropf for Appellees City of Cedar Rapids, David Dostal, Cassandra Gundacker and Alexander Karl-Beu Haas , w/service 12/03/2025. [5584381] [25-3321]--[Edited 12/09/2025 by ASL to refile as a letter] (PGK) [Entered: 12/03/2025 09:33 PM] |
| *Sealed and Refiled as Letter* RESPONSE in support of motion to dismiss case [ # 5582108-2 ], reply [ # 5582931-2 ] filed by Attorney Elena Sklyanaya Wolford for Appellees Brian Gardner and Linn County IA , w/service 12/03/2025. [5584298] [25-3321]--[Edited 12/09/2025 by ASL to refile as a letter] (ESW) [Entered: 12/03/2025 03:50 PM] |
| APPEARANCE filed by Elena S. Wolford for Appellees Brian Gardner and Linn County IA w/service 12/03/2025 [5584264] [25-3321] (ESW) [Entered: 12/03/2025 03:31 PM] |
| LETTER in support of the Motion to Dismiss filed 11/25/2025 from Patricia G. Kropf for City of Cedar Rapids, Cassandra Gundacker, Alexander Karl-Beu Haas and David Dostal w/service 12/03/2025. [This document has been refiled to show that the appellees, City Defendants parties, who did not file the 11/25/2025 Motion to Dismiss support that motion.] [5586120] [25-3321] (ASL) [Entered: 12/09/2025 10:34 AM] |
| LETTER in support of the Motion to Dismiss filed 11/25/2025 from Elena Sklyanaya Wolford for Brian Gardner and Linn County IA regarding. w/service 12/03/2025. [5586038] [25-3321] [This document has been refiled to show that the appellees, Linn County parties, who did not file the 11/25/2025 Motion to Dismiss support that motion.] (ASL) [Entered: 12/09/2025 09:37 AM] |
| MOTION to dismiss case, filed by Attorney Skylar J. Limkemann for Appellees City of Marion, Johanna Heidelbauer and Benoit Leroy w/service 12/03/2025. [5584305] [25-3321] (SJL) [Entered: 12/03/2025 03:58 PM] |
| REPLY to response [ # 5582528-2 ] filed by Attorney Chad Douglas Brakhahn for Appellees State of Iowa, Brenna Bird, Shean D. Fletchall and Scott Marler w/service 12/01/2025. [5582931] [25-3321]--[Edited 12/08/2025 by ASL to link the reply to the response] (CDB) [Entered: 12/01/2025 10:16 AM] |
| APPELLANT brief of Kyle Mark Hane submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5582570] [25-3321] (KMH) [Entered: 11/26/2025 11:47 AM] |
| RESPONSE in opposition to motion [ # 5582108-2 ] filed by Party Kyle Mark Hane , w/service 11/26/2025. [5582528] [25-3321] (KMH) [Entered: 11/26/2025 11:17 AM] |
| MOTION to dismiss case, filed by Attorney Chad Douglas Brakhahn for Appellees Brenna Bird, City of Cedar Rapids, City of Marion, David Dostal, Shean D. Fletchall, Brian Gardner, Cassandra Gundacker, Alexander Karl-Beu Haas, Johanna Heidelbauer, Benoit Leroy, Linn County IA, Scott Marler and State of Iowa w/service 11/25/2025. [5582108] [25-3321] (CDB) [Entered: 11/25/2025 02:02 PM] |
| LETTER from Appellees Brenna Bird, Shean D. Fletchall, Scott Marler and State of Iowa regarding Notice of Appearance of Chad D. Brakhahn for Defendants State of Iowa, Brenna Bird, in her individual and official capacity; Shean D. Fletchall, in his individual and official capacity; and Scott Marler, in his individual and official capacity. w/service 11/25/2025 [5582033] [25-3321] (CDB) [Entered: 11/25/2025 12:28 PM] |
| APPEARANCE filed by Chad D. Brakhahn for Appellees Brenna Bird, Shean D. Fletchall, Scott Marler and State of Iowa w/service 11/25/2025 [5582000] [25-3321] (CDB) [Entered: 11/25/2025 11:56 AM] |
| CLERK ORDER: The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in the district court within 21 days of the date of this order. If appellant does not pay the fee or move for IFP status by 12/12/2025, a show cause order will be entered directing the appellant to show cause why this appeal should not be dismissed for failure to prosecute. [5580862] [25-3321] (ASL) [Entered: 11/21/2025 10:13 AM] |
| Originating court document filed consisting of notice of appeal filed 11/19/2025, Opinion and Order filed 9/9/2025, Judgment filed 9/9/2025, Order Denying Reconsideration filed 9/19/2025, Order Granting Extension of Time to File Appeal filed 10/16/2025, and docket entries, [5580859] [25-3321] (ASL) [Entered: 11/21/2025 10:12 AM] |
| UPDATED fee status - [Case Number 25-3321: from due to paid - cs] FEE Receipt: $ 605.00, receipt number 6609 for Appeal Filing Fee by Kyle Mark Hane. Copy of receipt to Plaintiff. ([5581223] [25-3321] (ASL) [Entered: 11/21/2025 04:05 PM] |
| Civil case docketed. [5580848] [25-3321] (ASL) [Entered: 11/21/2025 10:04 AM] |
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