Jackie Walker v. Gary B. Kempker

259 F. App'x 896

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 10, 2008
• Docket: 06-2014
• Status: Unpublished

Opinion

PER CURIAM.

Missouri Department of Corrections (MDOC) prisoner Jackie Walker appeals the district court’s 1 adverse judgment in his 42 U.S.C. § 1983 action. Following careful review, we agree with the district court that MDOC’s urinalysis policy, which provided for random drug testing of the offender population, as well as targeted testing of offenders who met certain criteria, was not unconstitutional. See Louis v. Dep’t of Corr. Servs., 437 F.3d 697, 699-701 (8th Cir.), cert. denied, — U.S. -, 127 S.Ct. 355, 166 L.Ed.2d 82 (2006); Spence v. Farrier, 807 F.2d 753, 754-56 (8th Cir.1986). We also conclude that the district court did not abuse its discretion in denying Walker’s motion for a new trial, see Buchholz v. Rockwell Int’l Corp., 120 F.3d 146, 148 (8th Cir.1997) (standard of review; new trial is required only when necessary to avoid miscarriage of justice), and that Walker’s transfer away from the Missouri Eastern Correctional Center mooted his request for injunctive relief, see Smith v. Hundley, 190 F.3d 852, 855 (8th Cir.1999).

Accordingly, we affirm. See 8th Cir. R. 47B.

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