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Marcus L. Walker, Jr v. AR State Hospital, 99-4001 (2000)

Court: Court of Appeals for the Eighth Circuit Number: 99-4001 Visitors: 22
Filed: Jun. 29, 2000
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-4001 _ Marcus L. Walker, Jr., (filed by * Joe Rieben), * * Appellant, * * v. * * Arkansas State Hospital; John Doe, * Psychiatrist, Arkansas State Hospital, * * Appellees. * _ Appeals from the United States District Court for the Eastern No. 00-1351 District of Arkansas. _ [UNPUBLISHED] Marcus L. Walker, Jr., * * Appellant, * * v. * * Arkansas State Hospital, * * Appellee. * _ Submitted: June 13, 2000 Filed: June 29, 2000 _ Before
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                     United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
             ___________

             No. 99-4001
             ___________

Marcus L. Walker, Jr., (filed by          *
Joe Rieben),                              *
                                          *
                   Appellant,             *
                                          *
      v.                                  *
                                          *
Arkansas State Hospital; John Doe,        *
Psychiatrist, Arkansas State Hospital,    *
                                          *
                   Appellees.             *

             __________                       Appeals from the United States
                                              District Court for the Eastern
             No. 00-1351                      District of Arkansas.
             __________
                                                  [UNPUBLISHED]
Marcus L. Walker, Jr.,                   *
                                         *
                   Appellant,            *
                                         *
      v.                                 *
                                         *
Arkansas State Hospital,                 *
                                         *
                   Appellee.             *
                                    ___________

                               Submitted: June 13, 2000

                                   Filed: June 29, 2000
                                     ___________

Before WOLLMAN, Chief Judge, FAGG and BOWMAN, Circuit Judges.
                             ___________

PER CURIAM.

       Marcus L. Walker, Jr. appeals the dismissal for failure to state a claim of his 42
U.S.C. § 1983 action against the Arkansas State Hospital and the court-appointed
psychiatrist who found Walker competent to stand trial. Because defendant Arkansas
State Hospital is not a person for purposes of § 1983, see Alsbrook v. City of
Maumelle, 
184 F.3d 999
, 1010 (8th Cir. 1999), petition for cert. granted in part, 
120 S. Ct. 1003
, and dismissed, 
120 S. Ct. 1265
(2000), and defendant psychiatrist is
immune from damages under § 1983, see Moses v. Parwatikar, 
813 F.2d 891
, 892 (8th
Cir. 1987), the district court properly dismissed Walker's lawsuit. We affirm on the
basis of the district court's order without further discussion. See 8th Cir. R. 47B.

      A true copy.

             Attest:

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




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Source:  CourtListener

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