Angela Richardson v. Tami Jo Aiken ( 2021 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 20-3205
___________________________
Angela Schuncey Richardson
Plaintiff - Appellant
v.
Wendy Kelley, Chief Director, Arkansas State Prison; Dexter Payne, Assistant
Chief of Director, Arkansas State Prison
Defendants
Tami Aiken, Assistant Warden, McPherson Unit
Defendant - Appellee
Christopher Johnson, Major, McPherson Unit
Defendant
Jeannie Long, CO, McPherson Unit
Defendant - Appellee
Clara Robinson, Program Specialist Coordinator, McPherson Unit; D. Golden,
Warden, McPherson Unit
Defendants
Roger L. Ayers, Sergeant, McPherson Unit; Virginia Spence, Coach, McPherson
Unit (originally named as V Spence); John Herrington, Assistant Warden,
McPherson Unit
Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Batesville
____________
Submitted: August 19, 2021
Filed: August 24, 2021
[Unpublished]
____________
Before BENTON, KELLY, and ERICKSON, Circuit Judges.
____________
PER CURIAM.
Arkansas inmate Angela Schuncey Richardson appeals following the district
court’s 1 adverse grant of summary judgment in her 42 U.S.C. § 1983 action raising
equal protection claims related to a prison separation order. Having jurisdiction
under 28 U.S.C. § 1291, this court affirms.
After careful review of the record and the parties’ arguments on appeal, this
court concludes that the district court properly granted summary judgment. See
Whitson v. Stone Cnty. Jail, 602 F.3d 920, 923 (8th Cir. 2010) (de novo review).
Richardson’s official-capacity claims for damages were barred by sovereign
immunity. The evidence was insufficient to show that Richardson was treated
1
The Honorable D.P. Marshall, Jr., Chief Judge, United States District Court
for the Eastern District of Arkansas, adopting the report and recommendations of the
Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District
of Arkansas.
-2-
differently from similarly situated inmates, or that any unequal treatment was
purposeful and motivated by her race or sexual orientation. See Patel v. U.S. Bureau
of Prisons, 515 F.3d 807, 815 (8th Cir. 2008) (for equal protection claim, prisoner
must show that he is treated differently than similarly situated inmates and that the
different treatment is based on suspect classification or a fundamental right); Lewis
v. Jacks, 486 F.3d 1025, 1028 (8th Cir. 2007) (unequal treatment of persons entitled
to be treated alike is not denial of equal protection unless intentional or purposeful
discrimination is shown); Weiler v. Purkett, 137 F.3d 1047, 1052 (8th Cir. 1998) (en
banc) (few individual examples of unequal treatment are insufficient to more than
minimally support inference of purposeful discrimination).
The judgment is affirmed. See 8th Cir. R. 47B.
______________________________
-3-