John MacInnis v. United States, No. 18-1268 (8th Cir. 2018)

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Court Description: Per Curiam - Before Wollman, Gruender and Grasz, Circuit Judges] Prisoner case - Federal Tort Claims Act. Defendants' summary judgment affirmed; plaintiff failed to provide medical expert testimony in support of his claim of medical negligence, as required by Ark. Code Ann. Sec. 16-114-206(a). [ August 30, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1268 ___________________________ John Kemp MacInnis, Reg #08355-029 lllllllllllllllllllllPlaintiff - Appellant v. United States of America lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena ____________ Submitted: August 28, 2018 Filed: August 31, 2018 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges. ____________ PER CURIAM. Federal inmate John Kemp MacInnis appeals the district court’s1 adverse grant of summary judgment in his Federal Tort Claims Act (FTCA) lawsuit. Viewing the record in a light most favorable to MacInnis, and drawing all reasonable inferences in his favor, see Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (de novo review), we conclude that summary judgment was properly granted to the United States of America based on MacInnis’s failure to provide medical expert testimony in support of his claim of medical negligence, as required by Ark. Code Ann. § 16114-206(a). See Day v. United States, 865 F.3d 1082, 1086 (8th Cir. 2017) (to bring FTCA claim, controlling law is that of state where act or omission occurred; discussing requirements of § 16-114-206(a) in medical malpractice case arising in Arkansas). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendation of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. -2-