Deidre Whitehead v. University of Arkansas, No. 15-1036 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Bye and Shepherd, Circuit Judges] Civil case. Dismissal of state-law claim, brought under the Arkansas Civil Rights Act, affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1036 ___________________________ Deidre Necol Whitehead lllllllllllllllllllll Plaintiff - Appellant v. University of Arkansas, by and through the Chairman of the Board of Trustees, Jim Von Gremp, and its President, Donald R. Bobbit; Deniece Honeycutt, In Her official and individual capacity; Tom Smith, In His official capacity only; Bobbie T. Biggs, in Her official and individual capacity lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: September 30, 2015 Filed: October 5, 2015 [Unpublished] ____________ Before COLLOTON, BYE, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Deidre Whitehead appeals, challenging only the district court’s1 dismissal of her supplemental state-law claim, brought under the Arkansas Civil Rights Act, against defendants Deniece Honeycutt and Bobbie T. Biggs. The district court held that Honeycutt and Biggs were entitled to statutory immunity as public officials under Arkansas Code Annotated § 19-10-305(a) because Whitehead had not alleged that they were covered by liability insurance, and because her allegations did not describe conduct by these defendants that rose to the level of malicious acts or omissions outside the scope of their employment. After carefully reviewing the record and the parties’ arguments on appeal, we find no basis for reversal. See Levy v. Ohl, 477 F.3d 988, 991 (8th Cir. 2007) (grant of motion to dismiss for failure to state claim reviewed de novo); see also Integrity Floorcovering, Inc. v. Broan-Nutone, LLC, 521 F.3d 914, 917 (8th Cir. 2008) (de novo review of district court’s determination of state law). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas. -2-
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