081103P.pdf   12/01/2008  Rodney Ballard  v.  David Heineman
   U.S. Court of Appeals Case No:  08-1103
   District of Nebraska - Lincoln   
   [PUBLISHED] [Gruender, Author, with Wollman and Smith, Circuit Judges]
   Civil case - civil rights. Plaintiffs failed to present any specific evidence
   controverting defendants' evidence that the officer stopped the plaintiffs'
   vehicle after observing a traffic offense and searched the vehicle after
   obtaining the occupants' consent, and, as a result, the district court did
   not err in granting defendants' motion for summary judgment as there
   was no genuine issue of material fact from which a jury could conclude
   that a constitutional violation had occurred; because plaintiff never filed a
   proper Rule 56(f) motion, the district court did not abuse its discretion in
   denying further discover or in deciding the motion on the basis of the
   record before it.