John W. Townshend v. Carroll Fisher (8th Cir. 2004)
Federal Circuits, 8th Cir. (February 18, 2004)
Docket number: 03-2033
Permanent Link:
http://vlex.com/vid/18517634
Id. vLex: VLEX-18517634
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U.S. Court of Appeals for the 8th Cir. - Laura Keevan; Verna Mae Jones; Sheila Gordon; Melissa Ann Wagner; Laverna Goree; Tanya Goins; Carol Jean Klaus, and on Behalf of the Class, Appellants, v. Donald Smith, Superintendent of Fulton Reception and Diagnostic Center; Ron Schmitz, Superintendent of Kansas City Community Release Center; Janet Schneider, Superintendent of St. Louis Community Release Center; Thelma Grandison, Superintendent of Chillicothe Correctional Center; Donna Schriro, Director of the Department of Corrections, Appellees., 100 F.3d 644 (8th Cir. 1996) and on Behalf of the Class, Appellants, v. Donald Smith, Superintendent of Fulton Reception and Diagnostic Center; Ron Schmitz, Superintendent of Kansas City Community Release Center; Janet Schneider, Superintendent of St. Louis Community Release Center; Thelma Grandison, Superintendent of Chillicothe Correctional Center; Donna Schriro, Director of the Department of Corrections, Appellees.
U.S. Supreme Court - Lunding v. New York Tax Appeals Tribunal, 522 U.S. 287 (1998)
U.S. Court of Appeals for the 8th Cir. - Dr. Ruth Simmons Herts, Appellee, v. Dr. Gary Smith, Individually acting under the color of state law and in his official capacity as the Superintendent of Education of the Pulaski County Special School District; Eugene Manfredini, Individually acting under the color of state law in his official capacity as the President of the Board of Education of the Pulaski County Special School District; Pat O'Brien, Individually acting under the color of state law and in his official capacity as the Vice-President of the Board of Education of the Pulaski County Special School District; Gwendolyn Williams, Individually acting under the color of state law in her official capacity as the Secretary of the Board of Education of the Pulaski County Special School District; James R. Burgett, Individually acting under the color of state law and in his official capacity as a member of the Board of Education of the Pulaski County Special School District; Ruth White Tucker, Individually acting under the color of state law and..., 345 F.3d 581 (8th Cir. 2003) Appellee, v. Dr. Gary Smith, Individually acting under the color of state law and in his official capacity as the Superintendent of Education of the Pulaski County Special School District; Eugene Manfredini, Individually acting under the color of state law in his official capacity as the President of the Board of Education of the Pulaski County Special School District; Pat O'Brien, Individually acting under the color of state law and in his official capacity as the Vice-President of the Board of Education of the Pulaski County Special School District; Gwendolyn Williams, Individually acting under the color of state law in her official capacity as the Secretary of the Board of Education of the Pulaski County Special School District; James R. Burgett, Individually acting under the color of state law and in his official capacity as a member of the Board of Education of the Pulaski County Special School District; Ruth White Tucker, Individually acting under the color of state law and...
United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 03-2033 John W. Townshend, Sr. Appellant, v. Carroll Fisher, Commissioner, Oklahoma Department of Insurance; State of Oklahoma Department of Insurance; Nancy Brewer, Sebastian County, Arkansas, Circuit Court Clerk; County of Sebastian, Arkansas; Linda Howard, Crawford County, Arkansas, Circuit Court Clerk; County of Crawford, Arkansas; Allan M. Ephraim, Chairman, Oklahoma State Board of Accountancy; Oklahoma Board of Public Accountancy, as agent for the State; James Ward, Executive Director, Arkansas State Board of Public Accountancy; Arkansas State Board of Public Accountancy, as agent for the State; Mike Pickens, Insurance Commissioner for the State of Arkansas; Arkansas Department of Insurance, Appellees. Submitted: February 3, 2004 Filed: February 18, 2004 Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges. PER CURIAM. John Townshend appeals the district court§§ 1983, 1985, and 1986, arising out of (among other things) defendantsÂ’ alleged release and reliance upon certain records involving expunged or pardoned state criminal matters. Townshend claimed violations of due process, equal protection, and the Privileges and Immunities Clause. After careful review of the record, we conclude Townshend failed to state a claim under section 1983 for a violation of his constitutional rights. See Lunding v. New York Tax App. Trib., 522 U.S. 287, 296 (1998) (Privileges and Immunities Clause); Herts v. Smith, 345 F.3d 581, 587 (8th Cir. 2003) (substantive due process); Booker v. City of St. Louis, 309 F.3d 464, 468 (8th Cir. 2002) (procedural due process), cert. denied, 124 S. Ct. 52 (2003); Keevan v. Smith, 100 F.3d 644, 647-48 (8th Cir. 1996) (equal protection). Townshend also failed to state a claim under section 1985 or section 1986. See Bray v. Alexandria Women§ 1985 claimant must allege race or class-based discriminatory animus behind conspiracy); Lewellen v. Raff, 843 F.2d 1103, 1116 (8th Cir. 1988) (§ 1986 claim is dependent on valid claim under § 1985), cert. denied,