Hall Approved Free Access to American Case Law

Horvath v. Neal

U.S. Court of Appeals for the Eighth Circuit
Horvath v. Neal, 147 F. App'x 632 (8th Cir. 2005)
Benton, Colloton, Murphy

Horvath v. Neal

Opinion of the Court

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 *633the Rooker-Feldman2 doctrine, see Exxon Mobil Corp. v. Saudi Basic Indus. Corp., — U.S. -, -, - & n. 8, 125 S.Ct. 1517, 1523, 1526 & n. 8, 161 L.Ed.2d 454 (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, 272 Ark. 481, 616 S.W.2d 718, 719 (1981) (elements of res judicata). See 8th Cir. R. 47B.

. The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.

. See Rooker v. Fid. Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

Reference

Full Case Name
James E. HORVATH v. Mavis NEAL, individually, and in conspiracy with the other defendants William F. Smith, also known as Trey Smith, individually, and in his 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
Status
Published
↑