# James Raper, Jr. v. Tina Maxwell

> Court of Appeals for the Eighth Circuit · April 10, 2023

URL: https://www.frixlaw.com/law-library/cases/9385863

## Case

- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** April 10, 2023
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9385863

## Opinion text

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[Unpublished]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-

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9385863. Public record. Not legal advice.