Angela Parato v. City of Omaha
CourtCourt of Appeals for the Eighth Circuit
Date FiledNovember 5, 2026
Docket25-3380
StatusUnpublished
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Full Opinion
United States Court of Appeals
For the Eighth Circuit
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No. 25-3380
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Angela Parato
Plaintiff - Appellant
v.
City of Omaha, a political subdivision of the State of Nebraska; Jean Stothert,
Mayor of the City of Omaha; Todd Schmaderer, Chief of Police of the City of
Omaha; Reginald Johnson; Sean Moppin, Employee for the City of Omaha and in
his individual capacity; Michelle Peters, Attorney/Employee for/of the City of
Omaha and her individual capacity
Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: November 2, 2026
Filed: November 5, 2026
[Unpublished]
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Before STRAS, KOBES, and JUSTIN D. SMITH, Circuit Judges.
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PER CURIAM.
The City of Omaha impounded Angela Parato’s car after she parked it on a
public street with expired license plates. We affirm the district court’s 1 refusal to let
her amend her complaint a second time. See UMB Bank, N.A. v. Guerin, 89 F.4th
1047, 1057 (8th Cir. 2024) (emphasizing the court’s “considerable discretion”
(citation omitted)).
Amendment was “disfavored” because the request came “after dismissal” of
one she had amended before, id. (citation omitted), even if the district court never
entered judgment “in a separate document,” Fed. R. Civ. P. 58(a). See Williams v.
Norris, 461 F.3d 999, 1002 (8th Cir. 2006) (explaining that “the district court’s order
[on the merits] mark[s] the appropriate threshold between prejudgment and
postjudgment motions” (quoting Bonin v. Calderon, 59 F.3d 815, 847 (9th Cir.
1995))). Futility was also a problem, as the magistrate judge and district court both
recognized. See United States ex rel. Roop v. Hypoguard USA, Inc., 559 F.3d 818,
822 (8th Cir. 2009) (reviewing “questions of futility de novo”). Missing were facts
“show[ing] each individual defendant’s personal involvement in the alleged
violation,” Davis v. City of Little Rock, 122 F.4th 326, 331 (8th Cir. 2024) (citation
omitted), or how it was obviously “[un]reasonable for [any of them] to conclude that
they had provided [Parato] ‘the fundamentals of due process,’” Bartlett v. Fisher,
972 F.2d 911, 916 (8th Cir. 1992) (quoting Davis v. Scherer, 468 U.S. 183, 192
(1984)).
Even pro se complaints must “contain sufficient allegations to overcome
qualified immunity.” Sandknop v. Mo. Dep’t of Corr., 932 F.3d 739, 742 (8th Cir.
2019); see Davis, 122 F.4th at 329–30 (“A public official is entitled to qualified
immunity unless (1) the official violated a . . . constitutional right and (2) the right
1
The Honorable Brian C. Buescher, Chief Judge, United States District Court
for the District of Nebraska, adopting the report and recommendations of the
Honorable Michael D. Nelson, United States Magistrate Judge for the District of
Nebraska.
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was clearly established at the time of the challenged conduct.” (citation omitted)).
In their absence, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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