David Williams v. Kathy Stewart

Filing

PER CURIAM OPINION FILED - THE COURT: DIANA E. MURPHY, MORRIS S. ARNOLD and LAVENSKI R. SMITH (UNPUBLISHED) [3941184] [12-1090]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-1090
___________________________
David Williams
lllllllllllllllllllll Appellant
v.
Kathy Stewart, also known as Kathy Steward; Moses Jackson, Captain, East
Arkansas Regional Unit, ADC; Essie Clay, East Arkansas Regional Unit, ADC;
Cody, Ms., Disciplinary Serving Officer, East Arkansas Regional Unit, ADC;
Greg Harmon, Warden, East Arkansas Regional Unit, ADC
lllllllllllllllllllll Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas
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Submitted: August 7, 2012
Filed: August 10, 2012
[Unpublished]
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Before MURPHY, ARNOLD, and SMITH, Circuit Judges.
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PER CURIAM.

Appellate Case: 12-1090

Page: 1

Date Filed: 08/10/2012 Entry ID: 3941184

In this 42 U.S.C. § 1983 action, Arkansas Department of Correction inmate
David Williams appeals following the district court’s1 dismissal of four defendants
and its grant of summary judgment to one defendant. Upon careful de novo review,
we agree with the district court that Mr. Williams did not support his conclusory
allegations that he received a retaliatory disciplinary, and we agree that he otherwise
failed to state a claim. See Haynes v. Stephenson, 588 F.3d 1152, 1155-56 (8th Cir.
2009) (retaliatory discipline); Atkinson v. Bohn, 91 F.3d 1127, 1129 (8th Cir. 1996)
(per curiam) (retaliatory animus could not be inferred from speculative and
conclusory allegations); Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985)
(inmate’s § 1983 claims fail absent defendant’s personal involvement in, or direct
responsibility for, incidents that caused injury).
Accordingly, we affirm for the reasons provided by the district court. See 8th
Cir. R. 47B.
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1

The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas, adopting the report and recommendations of the
Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District
of Arkansas.
-2-

Appellate Case: 12-1090

Page: 2

Date Filed: 08/10/2012 Entry ID: 3941184