DocketNumber: 99-4001
Filed Date: 6/29/2000
Status: Non-Precedential
Modified Date: 4/18/2021
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-4001 ___________ Marcus L. Walker, Jr., (filed by * Joe Rieben), * * Appellant, * * v. * * Arkansas State Hospital; John Doe, * Psychiatrist, Arkansas State Hospital, * * Appellees. * __________ Appeals from the United States District Court for the Eastern No. 00-1351 District of Arkansas. __________ [UNPUBLISHED] Marcus L. Walker, Jr., * * Appellant, * * v. * * Arkansas State Hospital, * * Appellee. * ___________ Submitted: June 13, 2000 Filed: June 29, 2000 ___________ Before WOLLMAN, Chief Judge, FAGG and BOWMAN, Circuit Judges. ___________ PER CURIAM. Marcus L. Walker, Jr. appeals the dismissal for failure to state a claim of his 42 U.S.C. § 1983 action against the Arkansas State Hospital and the court-appointed psychiatrist who found Walker competent to stand trial. Because defendant Arkansas State Hospital is not a person for purposes of § 1983, see Alsbrook v. City of Maumelle,184 F.3d 999
, 1010 (8th Cir. 1999), petition for cert. granted in part,120 S. Ct. 1003
, and dismissed,120 S. Ct. 1265
(2000), and defendant psychiatrist is immune from damages under § 1983, see Moses v. Parwatikar,813 F.2d 891
, 892 (8th Cir. 1987), the district court properly dismissed Walker's lawsuit. We affirm on the basis of the district court's order without further discussion. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-