Phillip Stewart v. A. Murphy, No. 15-1849 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam. Before Smith, Colloton, and Shepherd, Circuit Judges] Civil Case - civil rights. District court properly dismissed civil rights action for failure to state a claim and on the basis of sovereign immunity.
Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1849 ___________________________ Phillip Dewayne Stewart lllllllllllllllllllll Plaintiff - Appellant v. A. Murphy, Doctor, Ouachita River Unit and CCS Medical; Ray Hobbs, Director, Arkansas Department of Correction; D R Young, Infirmary Manager, Ouachita River Unit, ADC; Kimberly Kellogg, Nurse, Ouachita River Unit, ADC; Reta Douglas, Nurse, Ouachita River Unit, ADC lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________ Submitted: November 4, 2015 Filed: November 9, 2015 [Unpublished] ____________ Before SMITH, COLLOTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Arkansas inmate Phillip Dewayne Stewart appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action, for failure to state a claim upon which relief may be granted, and on the basis of sovereign immunity. After careful de novo review, we conclude that Stewart’s complaint was properly dismissed. See McAdams v. McCord, 584 F.3d 1111, 1113 (8th Cir. 2009) (standard of review); Trevelen v. Univ. of Minn., 73 F.3d 816, 818 (8th Cir. 1996) (sovereign immunity). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Stewart’s motion for appointed counsel. ______________________________ 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
