U.S. Court of Appeals for the Eighth Circuit, 2002

Kathleen A. Langdon v. Ella Maureen Arnold

Kathleen A. Langdon v. Ella Maureen Arnold
U.S. Court of Appeals for the Eighth Circuit · Decided September 17, 2002 · Loken, Bye, Riley
46 F. App'x 389

Kathleen A. Langdon v. Ella Maureen Arnold

Opinion

[UNPUBLISHED]

PER CURIAM.

Kathleen and Donald Langdon (the Langdons) appeal the district court’s 1 preservice dismissal of their tort action. After review of the record, we affirm. The district court was without power to hear the action, as the Langdons failed to establish diversity jurisdiction, see Walker v. Norwest Corp., 108 F.3d 158, 161 (8th Cir. 1997) (no defendant may be a citizen of same state as any plaintiff), or federal question jurisdiction, see Hull v. Fallon, 188 F.3d 939, 942 (8th Cir. 1999) (federal question jurisdiction requires that an action arise under federal constitution, laws, or treaties), cert. denied, 528 U.S. 1189, 120 S.Ct. 1242, 146 L.Ed.2d 101 (2000). Further, the district court had no power to direct the state courts to enforce state tort law. Cf. Randolph v. Rodgers, 170 F.3d 850, 859 (8th Cir. 1999) (Eleventh Amendment precludes federal court from ordering state, or state agencies or officials, to conform to state law).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.

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