Joseph Carthron v. Helen Morrison, et al, No. 09-3417 (8th Cir. 2010)

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Court Description: Civil case - civil rights. Dismissal of Section 1983 action affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3417 ___________ Joseph Carthron, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Helen Marie Morrison; Anne Kathleen * Geddings; Becky Carol Reeves; Anita * [UNPUBLISHED] Efird; Damien Darus Roberts, * * Appellees. * ___________ Submitted: April 28, 2010 Filed: April 28, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Former Arkansas inmate Joseph Carthron appeals the district court s1 dismissal of his complaint against employees of the Arkansas Department of Community Correction. Upon de novo review, we conclude that dismissal was proper for the reasons the district court stated. See Pearson v. Callahan, 129 S. Ct. 808, 815-16 (2009) (qualified immunity); Bediako v. Stein Mart, Inc., 354 F.3d 835, 839 (8th Cir. 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. 2004) (elements of 42 U.S.C. § 1981 claim); Jensen v. Henderson, 315 F.3d 854, 863 (8th Cir. 2002) (for valid 42 U.S.C. § 1986 claim, plaintiff must have valid 42 U.S.C. § 1985 claim); Larson v. Miller, 76 F.3d 1446, 1454 (8th Cir. 1996) (elements of § 1985(3) claim); FMC Corp. v. Helton, 202 S.W.3d 490, 502 (Ark. 2005) (no Arkansas tort of negligent infliction of emotional distress); Crockett v. Essex, 19 S.W.3d 585, 589 (Ark. 2000) (elements of Arkansas tort of intentional infliction of emotional distress, also known as outrage). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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