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Douglas D. Johnson v. Larry Norris, 00-2166 (2001)

Court: Court of Appeals for the Eighth Circuit Number: 00-2166 Visitors: 54
Filed: Feb. 22, 2001
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 00-2166 _ Douglas D. Johnson, * * Appellant, * * v. * * Larry Norris, Director, Arkansas * Department of Correction; Clifford * Terry, Warden, Wrightsville Unit, * Appeal from the United States Arkansas Department of Correction; * District Court for the Eastern Brook Parks, Classification Officer, * District of Arkansas. Wrightsville Unit, Arkansas * Department of Correction; Guy * [UNPUBLISHED] Jordan, Arkansas State Police; Bailey, *
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                   United States Court of Appeals
                         FOR THE EIGHTH CIRCUIT
                                 ___________

                                 No. 00-2166
                                 ___________

Douglas D. Johnson,                     *
                                        *
                   Appellant,           *
                                        *
       v.                               *
                                        *
Larry Norris, Director, Arkansas        *
Department of Correction; Clifford      *
Terry, Warden, Wrightsville Unit,       * Appeal from the United States
Arkansas Department of Correction;      * District Court for the Eastern
Brook Parks, Classification Officer,    * District of Arkansas.
Wrightsville Unit, Arkansas             *
Department of Correction; Guy           *      [UNPUBLISHED]
Jordan, Arkansas State Police; Bailey, *
Colonel, Arkansas State Police;         *
George Brewer, Interstate Compact       *
Coordinator, Arkansas Department        *
of Correction,                          *
                                        *
                   Appellees.           *
                                   ___________

                           Submitted: February 21, 2001

                                Filed: February 22, 2001
                                 ___________

Before McMILLIAN, RICHARD S. ARNOLD, and FAGG, Circuit Judges.
                           ___________

PER CURIAM.
       Douglas D. Johnson, a Virginia inmate formerly housed in Arkansas under the
Interstate Corrections Compact (ICC), appeals the dismissal of his 42 U.S.C. § 1983
complaint for failure to state a claim. Having reviewed de novo Johnson's submissions
to the district court, see First Commercial Trust Co. v. Colt's Mfg. Co., Inc., 
77 F.3d 1081
, 1083 (8th Cir. 1996), we conclude Johnson did not state a § 1983 claim under
any of the theories he pursued, see 42 U.S.C. § 1997e(e); Haines v. Kerner, 
404 U.S. 519
, 520 (1972) (liberal construction of pro se complaints); Farmer v. Brennan, 
511 U.S. 825
, 837 (1994) (Eighth Amendment violated where prison officials are
deliberately indifferent to prisoner's health or safety); Ellis v. Norris, 
179 F.3d 1078
,
1079 (8th Cir. 1999) (prisoner failed to state Eighth Amendment claim because he did
not allege how inadequate security caused him injury); Stewart v. McManus, 
924 F.2d 138
, 142 (8th Cir. 1991) (ICC cannot serve as basis for inmate's § 1983 claim).

      Accordingly, we affirm.

      A true copy.

             Attest:

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




                                          -2-

Source:  CourtListener

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