Douglas D. Johnson v. Larry Norris

3 F. App'x 579

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 22, 2001
• Docket: 00-2166
• Status: Unpublished

Opinion

PER CURIAM.

Douglas D. Johnson, a Virginia inmate formerly housed in Arkansas under the Interstate Corrections Compact (ICC), appeals the dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. Having reviewed de novo Johnson’s submissions to the district court, see First Commercial Trust Co. v. Colt’s Mfg. Co., Inc., 77 F.3d 1081, 1083 (8th Cir.1996), we conclude Johnson did not state a § 1983 claim under any of the theories he pursued, see 42 U.S.C. § 1997e(e); Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (liberal construction of pro se complaints); Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (Eighth Amendment violated where prison officials are deliberately indifferent to prisoner’s health or safety); Ellis v. Norris, 179 F.3d 1078, 1079 (8th Cir.1999) (prisoner failed to state Eighth Amendment claim because he did not allege how inadequate security caused him injury); Stewart v. McManus, 924 F.2d 138, 142 (8th Cir.1991) (ICC cannot serve as basis for inmate’s § 1983 claim).

Accordingly, we affirm.