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Russell J. Berger v. Correctional Medical, 01-1125 (2001)

Court: Court of Appeals for the Eighth Circuit Number: 01-1125 Visitors: 37
Filed: Aug. 28, 2001
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 01-1125 _ Russell J. Berger, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Correctional Medical Services, * (agent for service is David Morgan), * [UNPUBLISHED] Cummins Unit, Arkansas Department * of Correction; John Doe, Cummins * Unit, Arkansas Department of * Correction; Everett, Nurse, Cummins * Unit, Arkansas Department of * Correction; Vera Reynolds, Clerk of * Lincoln
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                     United States Court of Appeals
                         FOR THE EIGHTH CIRCUIT
                                 ___________

                                 No. 01-1125
                                 ___________

Russell J. Berger,                     *
                                       *
              Appellant,               *
                                       * Appeal from the United States
      v.                               * District Court for the Eastern
                                       * District of Arkansas.
Correctional Medical Services,         *
(agent for service is David Morgan),   *      [UNPUBLISHED]
Cummins Unit, Arkansas Department      *
of Correction; John Doe, Cummins       *
Unit, Arkansas Department of           *
Correction; Everett, Nurse, Cummins    *
Unit, Arkansas Department of           *
Correction; Vera Reynolds, Clerk of    *
Lincoln County Circuit Court,          *
                                       *
              Appellees.               *
                                  ___________

                        Submitted: August 23, 2001
                            Filed: August 28, 2001
                                ___________

Before HANSEN, FAGG, and BEAM, Circuit Judges.
                            ___________

PER CURIAM.
       Prisoner Russell Berger appeals the district court’s1 judgment dismissing his 42
U.S.C. § 1983 action in which he had claimed medical negligence and denial of access
to the courts. Upon a thorough review of the record and the parties’ briefs, we agree
with the district court that dismissal of the access-to-courts claim was proper based on
absolute quasi-judicial immunity, see Martin v. Hendren, 
127 F.3d 720
, 721 (8th Cir.
1997), and failure to state a constitutional violation. The district court also properly
refused to exercise its supplemental jurisdiction over the pendent negligence claim,
which it dismissed without prejudice. See 28 U.S.C. § 1367(c)(3). So that Berger may
pursue whatever state law claims he might have against Vera Reynolds--against whom
he asserted the denial-of-access claim for allegedly refusing to file certain papers--we
modify Reynolds’s dismissal to be without prejudice also.

       Accordingly, we affirm the judgment of the district court as modified. See 8th
Cir. R. 47B.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




      1
       The Honorable William R. Wilson, Jr., United States District Judge for the
Eastern District of Arkansas.
                                           2

Source:  CourtListener

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