Filed: Aug. 31, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1268 _ John Kemp MacInnis, Reg #08355-029 lllllllllllllllllllllPlaintiff - Appellant v. United States of America lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Eastern District of Arkansas - Helena _ Submitted: August 28, 2018 Filed: August 31, 2018 [Unpublished] _ Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges. _ PER CURIAM. Federal inmate John Kemp MacInnis appeals the district c
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1268 _ John Kemp MacInnis, Reg #08355-029 lllllllllllllllllllllPlaintiff - Appellant v. United States of America lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Eastern District of Arkansas - Helena _ Submitted: August 28, 2018 Filed: August 31, 2018 [Unpublished] _ Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges. _ PER CURIAM. Federal inmate John Kemp MacInnis appeals the district co..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1268
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John Kemp MacInnis, Reg #08355-029
lllllllllllllllllllllPlaintiff - Appellant
v.
United States of America
lllllllllllllllllllllDefendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Helena
____________
Submitted: August 28, 2018
Filed: August 31, 2018
[Unpublished]
____________
Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.
Federal inmate John Kemp MacInnis appeals the district court’s1 adverse grant
of summary judgment in his Federal Tort Claims Act (FTCA) lawsuit. Viewing the
record in a light most favorable to MacInnis, and drawing all reasonable inferences
in his favor, see Cullor v. Baldwin,
830 F.3d 830, 836 (8th Cir. 2016) (de novo
review), we conclude that summary judgment was properly granted to the United
States of America based on MacInnis’s failure to provide medical expert testimony
in support of his claim of medical negligence, as required by Ark. Code Ann. § 16-
114-206(a). See Day v. United States,
865 F.3d 1082, 1086 (8th Cir. 2017) (to bring
FTCA claim, controlling law is that of state where act or omission occurred;
discussing requirements of § 16-114-206(a) in medical malpractice case arising in
Arkansas). The judgment is affirmed. See 8th Cir. R. 47B.
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1
The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendation of the Honorable
Jerome T. Kearney, United States Magistrate Judge for the Eastern District of
Arkansas.
-2-