reviewing the failure to state a claim de novo and explaining that a right must be clearly established for an alleged violation to defeat qualified immunity
How later courts described this case
- reviewing the failure to state a claim de novo and explaining that a right must be clearly established for an alleged violation to defeat qualified immunity
Written by the judges who cited it.
The opinion
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1011
___________________________
James M. Raper, Jr.
lllllllllllllllllllllPlaintiff - Appellant
v.
Tina Maxwell, Treatment Supervisor, Southwest Arkansas Community Correction
Center; Warden J. Minors, Southwest Arkansas Community Correction Center
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Western District of Arkansas - Texarkana
____________
Submitted: April 5, 2023
Filed: April 10, 2023
[Unpublished]
____________
Before KELLY, ERICKSON, and STRAS, Circuit Judges.
____________
PER CURIAM.
James Raper, Jr., appeals the district court’s1 dismissal of his complaint
against prison officials for failing to provide enough exercise time. Having carefully
1
The Honorable Susan O. Hickey, Chief Judge, United States District Court
for the Western District of Arkansas, adopting the report and recommendations of
reviewed the record and the parties’ arguments on appeal, we conclude that qualified
immunity applies. See Fed. R. Civ. P. 12(b)(6); Kulkay v. Roy, 847 F.3d 637, 641–
42 (8th Cir. 2017) (reviewing the failure to state a claim de novo and explaining that
a right must be clearly established for an alleged violation to defeat qualified
immunity). We accordingly affirm the judgment of the district court. See 8th Cir.
R. 47B.
______________________________
the Honorable Barry A. Bryant, United States Magistrate Judge for the Western
District of Arkansas.
-2-