James Langdeaux v. State of Iowa ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-2478
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Trey Redowl; Lawrence Tyndall; Lamonte Bertucci; Robert Strongheart
lllllllllllllllllllllPlaintiffs
James William Langdeaux
lllllllllllllllllllllPlaintiff - Appellant
Bryon Bauer; Harold Thomas; Dayton Sabasta; Dustin Nielsen; Zachary Ramirez;
Jesse Lasley; Marc Hanslip; Torin Ward; Kiedis OldBear; Raymond D. Cooper;
Damon M. Calaway; Cody Kepple; Lonzo Thomas; Joseph Tapia; John Stead;
Michael Euchner
lllllllllllllllllllllPlaintiffs
v.
State of Iowa; Judy Morrison, Contractual State Employee; Iowa Department of
Corrections; Fort Dodge Correctional Facility
lllllllllllllllllllllDefendants - Appellees
John Does 1-10; Jane Does 1-10
lllllllllllllllllllllDefendants
Robert Johnson; Don Harris; Netti Renshaw
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Northern District of Iowa - Central
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Submitted: April 26, 2023
Filed: May 1, 2023
[Unpublished]
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Before GRUENDER, GRASZ, and KOBES, Circuit Judges.
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PER CURIAM.
James Langdeaux appeals following the district court’s1 adverse grant of
summary judgment in his 42 U.S.C. § 1983 action. During the pendency of this
appeal, Langdeaux was transferred to another institution, rendering moot his claims
for declaratory and injunctive relief. See Smith v. Hundley, 190 F.3d 852, 855 (8th
Cir. 1999) (inmate’s claims for declaratory and injunctive relief were moot where he
had been transferred to another prison and was no longer subject to allegedly
unlawful policies; mere possibility of transfer back to prison at issue was insufficient
to bring claims within narrow capable-of-repetition-yet-evading-review exception to
mootness doctrine). As Langdeaux waived his damages claims, we conclude that no
relief is available, and dismiss the appeal as moot. See Heisler v. Nationwide Mut.
Ins. Co., 931 F.3d 786, 797 (8th Cir. 2019) (claims waived on appeal where appellant
previously waived them or conceded that they failed in summary judgment briefing
before district court); Robinson v. Pfizer, Inc., 855 F.3d 893, 897 (8th Cir. 2017)
(case is moot when it becomes impossible for court to grant any effectual relief).
1
The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.
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The appeal is dismissed.
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