053991P.pdf   08/21/2006  Sharon Elder-Keep  v.  Troy Aksamit
   U.S. Court of Appeals Case No:  05-3991
   District of Nebraska   
   [PUBLISHED][Smith, Author, with Bye and Hansen, Circuit Judges]
   Civil Case - civil rights. Grant of summary judgment to officers in
   their individual and official capacities in an excessive force claim 
   is affirmed. District court was authorized to exclude sua sponte
   affidavits submitted that lacked signatures and attestations before 
   a notary public; did not abuse its discretion in characterizing Rule 60
   motion as motion for reconsideration of a non-final order, in denying 
   it as untimely, and in denying subsequent motion for reconsideration. 
   District court did not err in granting summary judgment on official
   capacity claims because plaintiff did not allege an unconstitutional
   policy or custom that caused the constitutional deprivation, rather
   plaintiff argued the officer's failure to follow the policy caused the
   deprivation and the officer's failure to use the recording equipment did
   not cause the deprivation.