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Chambers v. Gilmer

United States Court of Appeals, Eighth Circuit
Apr 9, 2007
221 F. App'x 469 (8th Cir. 2007)

Summary

dismissing 42 U.S.C. § 1983 that was predicated on a violation of a state statute

Summary of this case from Goings v. Chickasaw County

Opinion

No. 06-2026.

Submitted: April 5, 2007.

Filed: April 9, 2007.

Appeal from the United States District Court for the Eastern District of Missouri.

Kevin L. Chambers, Cadet, MO, pro se.

Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.


[UNPUBLISHED]


Kevin Chambers appeals the district court's preservice dismissal of his 42 U.S.C. § 1983 complaint against a county prosecutor and a circuit court clerk. He alleged that, as permitted under state law, he submitted to the circuit court a document detailing criminal conduct by St. Louis County police officers, see Mo.Rev. Stat. § 545.250 (private citizen with knowledge of commission of crime may file sworn affidavit "with the clerk of the court having jurisdiction of the offense, for the use of the prosecuting attorney, or deposit it with the prosecuting attorney"); that the clerk (acting in concert with the prosecutor) refused to "process" the document; and that this refusal violated his right of access to the courts. We conclude Chambers did not state a section 1983 claim, because the alleged actions did not violate his constitutional rights. See West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988) (to state § 1983 claim, plaintiff must allege violation of right secured by Constitution or federal law). Specifically with regard to his access-to-courts claim, defendants' alleged actions did not prevent Chambers from asserting his rights in a lawsuit against the police officers who allegedly mistreated him, and Chambers did not allege the requisite actual injury from defendants' actions to state such a claim in any event. See Lewis v. Casey, 518 U.S. 343, 351-354, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (plaintiff must allege actual injury in access-to-courts claim).

The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri.

Accordingly, we affirm. See 8th Cir. R. 47A(a).


Summaries of

Chambers v. Gilmer

United States Court of Appeals, Eighth Circuit
Apr 9, 2007
221 F. App'x 469 (8th Cir. 2007)

dismissing 42 U.S.C. § 1983 that was predicated on a violation of a state statute

Summary of this case from Goings v. Chickasaw County

dismissing 42 U.S.C. § 1983 claim that was predicated on a violation of a state statute

Summary of this case from McCabe v. Macaulay
Case details for

Chambers v. Gilmer

Case Details

Full title:Kevin L. CHAMBERS, Appellant, v. Joan M. GILMER, Clerk, St. Louis County…

Court:United States Court of Appeals, Eighth Circuit

Date published: Apr 9, 2007

Citations

221 F. App'x 469 (8th Cir. 2007)

Citing Cases

McCabe v. Macaulay

To state a claim under 42 U.S.C. § 1983, Plaintiffs "must allege the violation of a right secured by the…

Goings v. Chickasaw County

To state a claim under 42 U.S.C. § 1983, Plaintiffs "must allege the violation of a right secured by the…