Filed: Nov. 07, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1141 _ James E. Horvath, * * Appellant, * * v. * Appeal from the United States * District Court for the Mavis Neal, individually, and in * Eastern District of Arkansas. conspiracy with the other defendants; * William F. Smith, also known as * Trey Smith, individually, and in his * [UNPUBLISHED] official capacity as City Attorney for * City of Russellville; Raye Turner, * individually, and officially as * representatives of City of Ru
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 05-1141 _ James E. Horvath, * * Appellant, * * v. * Appeal from the United States * District Court for the Mavis Neal, individually, and in * Eastern District of Arkansas. conspiracy with the other defendants; * William F. Smith, also known as * Trey Smith, individually, and in his * [UNPUBLISHED] official capacity as City Attorney for * City of Russellville; Raye Turner, * individually, and officially as * representatives of City of Rus..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-1141
___________
James E. Horvath, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Mavis Neal, individually, and in * Eastern District of Arkansas.
conspiracy with the other defendants; *
William F. Smith, also known as *
Trey Smith, individually, and in his * [UNPUBLISHED]
official capacity as City Attorney for *
City of Russellville; Raye Turner, *
individually, and officially as *
representatives of City of Russellville, *
which includes Mayor, and members *
of City Council of Russellville; *
Cliff Kirchner, individually, and *
officially as representatives of City *
of Russellville, which includes Mayor, *
and members of City Council of *
Russellville; Robert Wiley, *
individually, and officially as *
representatives of City of Russellville, *
which includes Mayor, and members of *
City Council of Russellville; Faye *
Abernathy, individually, and officially *
as representative of City of Russellville, *
which includes Mayor, and members of *
City Council of Russellville; Rick *
Harrell, individually, and officially as *
representatives of City of Russellville, *
which includes Mayor, and members *
of City Council of Russellville; Paul *
Gray, individually, and officially as *
representatives of City of Russellville, *
which includes Mayor, and members of *
City Council of Russellville; Ronnie *
Tripp, individually, and officially as *
representatives of City of Russellville, *
which includes Mayor, and members of *
City Council of Russellville; Andrea *
Lea, individually, and officially as *
representatives of City of Russellville, *
which includes Mayor, and members *
of City Council of Russellville; Tyrone *
Williamson, individually, and officially *
as representatives of City of *
Russellville, which includes Mayor, *
and members of City Council of *
Russellville; Don Bourne, individually, *
and officially as Russellville District *
Court Judge; Judy Duvall, individually *
and officially as Court Clerks for the *
Russellville District Court; Tish Rehm, *
individually and officially as Court *
Clerks for the Russellville District *
Court; Mary Bradley, individually and *
officially as Court Clerks for the *
Russellville District; Ashlea Kilburn, *
individually and officially as Court *
Clerks for the Russellville District *
Court, *
*
Appellees. *
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___________
Submitted: September 7, 2005
Filed: November 7, 2005
___________
Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
___________
PER CURIAM.
James E. Horvath appeals the district court’s1 dismissal of his 42 U.S.C. § 1983
action. After de novo review, see Charchenko v. City of Stillwater,
47 F.3d 981, 982-
83 (8th Cir. 1995), we affirm because Horvath’s claims were barred either by the
Rooker-Feldman2 doctrine, see Exxon Mobil Corp. v. Saudi Basic Indus. Corp.,
125
S. Ct. 1517, 1523, 1526 & n.8 (2005) (Rooker-Feldman doctrine recognizes that with
the exception of habeas corpus petitions, 28 U.S.C. § 1331 does not allow district
courts appellate jurisdiction over state-court judgments), or by res judicata, see
id. at
1527 (federal court has to give same preclusive effect to a state-court judgment as
another court of that State would give); Wells v. Ark. Pub. Serv. Comm’n,
616
S.W.2d 718, 719 (Ark. 1981) (elements of res judicata). See 8th Cir. R. 47B.
______________________________
1
The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
2
See Rooker v. Fid. Trust Co.,
263 U.S. 413 (1923); D.C. Ct. of Appeals v.
Feldman,
460 U.S. 462 (1983).
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