Ivie Harris, Jr. v. David Norwood, et al

Filing

PER CURIAM OPINION FILED - THE COURT: William Jay Riley, Roger L. Wollman and Diana E. Murphy (UNPUBLISHED) [4420223] [16-1610]

United States Court of Appeals
For the Eighth Circuit
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No. 16-1610
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Ivie Lee Harris, Jr.
lllllllllllllllllllll Plaintiff - Appellant
v.
David Norwood, Sheriff, Ouachita County; James Bolton, Lieutenant, Ouachita
County; Douglas Wood, Jailer, Ouachita County; Andrew Tolleson, Jailer,
Ouachita County; Anthony Grummer, Jailer, Ouachita County; Officer Lindsey
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - El Dorado
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Submitted: June 27, 2106
Filed: June 30, 2016
[Unpublished]
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Before RILEY, Chief Judge, WOLLMAN, and MURPHY, Circuit Judges.
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PER CURIAM.
Ivie Harris appeals after the district court dismissed his pro se 42 U.S.C. § 1983
action, concluding his claims were moot because he had requested only injunctive
relief from the sheriff and staff members at the Ouachita County Detention Center,

Appellate Case: 16-1610

Page: 1

Date Filed: 06/30/2016 Entry ID: 4420223

and he was no longer incarcerated at the facility. Upon de novo review, we conclude
that Harris’s claims were not moot, because his complaint also sought damages. In
the “Relief” section of the form complaint Harris used, he placed checkmarks next to
both “Compensatory damages” and “Punitive damages.”1 Accordingly, we reverse
and remand the case for further proceedings. See Midwest Farmworker Emp’t &
Training, Inc. v. United States Dep’t of Labor, 200 F.3d 1198, 1201 (8th Cir. 2000)
(dismissal for mootness reviewed de novo).
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1

Harris requested injunctive relief in the section asking him to identify “any
other relief” he was seeking.
-2-

Appellate Case: 16-1610

Page: 2

Date Filed: 06/30/2016 Entry ID: 4420223