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Larry Bell, Sr. v. Denis Conard, 18-2420 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 18-2420 Visitors: 50
Filed: Jan. 30, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-2420 _ Larry Dean Bell, Sr. lllllllllllllllllllllPlaintiff - Appellant v. Dennis Conard, Sheriff; Stepheny Burnett, Lt.; Devon Welch, Correctional Officer; Murphy, Correctional Officer; Piper, Correctional Officer; E. Weatherwax, Correctional Officer; S. Meier, Correctional Officer; Keil, Correctional Officer; Briggs, Correctional Officer lllllllllllllllllllllDefendants - Appellees _ Appeal from United States District Court for the S
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                  United States Court of Appeals
                              For the Eighth Circuit
                          ___________________________

                                  No. 18-2420
                          ___________________________

                                 Larry Dean Bell, Sr.

                         lllllllllllllllllllllPlaintiff - Appellant

                                            v.

Dennis Conard, Sheriff; Stepheny Burnett, Lt.; Devon Welch, Correctional Officer;
   Murphy, Correctional Officer; Piper, Correctional Officer; E. Weatherwax,
 Correctional Officer; S. Meier, Correctional Officer; Keil, Correctional Officer;
                           Briggs, Correctional Officer

                        lllllllllllllllllllllDefendants - Appellees
                                        ____________

                      Appeal from United States District Court
                   for the Southern District of Iowa - Des Moines
                                   ____________

                             Submitted: January 14, 2019
                               Filed: January 30, 2019
                                    [Unpublished]
                                   ____________

Before BENTON, BOWMAN, and STRAS, Circuit Judges.
                         ____________

PER CURIAM.

      Iowa inmate Larry Bell filed a lawsuit seeking damages and other relief against
various prison officials for what he claims is an invasion of his privacy. See 42 U.S.C.
§ 1983. The district court1 granted Bell’s motion to proceed in forma pauperis and
dismissed the case.

       We review the district court’s dismissal de novo. Cooper v. Schriro, 
189 F.3d 781
, 783 (8th Cir. 1999) (per curiam). The court correctly determined that prison
officials did not violate a clearly established constitutional right by allowing female
guards to monitor Bell through surveillance cameras. See Timm v. Gunter, 
917 F.2d 1093
, 1102 (8th Cir. 1990) (holding “that opposite-sex surveillance of male inmates,
performed on the same basis as same-sex surveillance,” is not constitutionally
impermissible). Nor was he entitled to have his conviction overturned, as he has
requested, because this relief is only available by filing a petition for a writ of habeas
corpus. See Preiser v. Rodriguez, 
411 U.S. 475
, 500 (1973). Finally, Bell raises
several new arguments that we will not consider for the first time on appeal. See
Stone v. Harry, 
364 F.3d 912
, 914–15 (8th Cir. 2004) (stating that arguments “may
not be advanced for the first time on appeal”).

      The judgment of the district court is affirmed. See 8th Cir. R. 47B.
                     ______________________________




      1
        The Honorable Rebecca Ebinger, United States District Judge for the Southern
District of Iowa.

                                           -2-

Source:  CourtListener

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