U.S. Court of Appeals for the Eighth Circuit, 2000

Marcus L. Walker, Jr v. AR State Hospital

Marcus L. Walker, Jr v. AR State Hospital
U.S. Court of Appeals for the Eighth Circuit · Decided June 29, 2000

Marcus L. Walker, Jr v. AR State Hospital

Opinion

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 __________ [UNPUBLISHED] Marcus L. Walker, Jr., * * Appellant, * * v. * * Arkansas State Hospital, * * Appellee.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.

-2-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.