James E. Horvath v. Mavis Neal

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 7, 2005
• Docket: 05-1141
• Status: Unpublished

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 05-1141 ___________

James E. Horvath, * * Appellant, * * v. * Appeal from the United States * District Court for the Mavis Neal, individually, and in * Eastern District of Arkansas. conspiracy with the other defendants; * William F. Smith, also known as * Trey Smith, individually, and in his * [UNPUBLISHED] official capacity as City Attorney for * City of Russellville; Raye Turner, * individually, and officially as * representatives of City of Russellville, * which includes Mayor, and members * of City Council of Russellville; * Cliff Kirchner, individually, and * officially as representatives of City * of Russellville, which includes Mayor, * and members of City Council of * Russellville; Robert Wiley, * individually, and officially as * representatives of City of Russellville, * which includes Mayor, and members of * City Council of Russellville; Faye * Abernathy, individually, and officially * as representative of City of Russellville, * which includes Mayor, and members of * City Council of Russellville; Rick * Harrell, individually, and officially as * representatives of City of Russellville, * which includes Mayor, and members * of City Council of Russellville; Paul * Gray, individually, and officially as * representatives of City of Russellville, * which includes Mayor, and members of * City Council of Russellville; Ronnie * Tripp, individually, and officially as * representatives of City of Russellville, * which includes Mayor, and members of * City Council of Russellville; Andrea * Lea, individually, and officially as * representatives of City of Russellville, * which includes Mayor, and members * of City Council of Russellville; Tyrone * Williamson, individually, and officially * as representatives of City of * Russellville, which includes Mayor, * and members of City Council of * Russellville; Don Bourne, individually, * and officially as Russellville District * Court Judge; Judy Duvall, individually * and officially as Court Clerks for the * Russellville District Court; Tish Rehm, * individually and officially as Court * Clerks for the Russellville District * Court; Mary Bradley, individually and * officially as Court Clerks for the * Russellville District; Ashlea Kilburn, * individually and officially as Court * Clerks for the Russellville District * Court, * * Appellees. *

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Submitted: September 7, 2005 Filed: November 7, 2005 ___________

Before MURPHY, COLLOTON, and BENTON, Circuit Judges. ___________

PER CURIAM.

James E. Horvath appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action. After de novo review, see Charchenko v. City of Stillwater, 47 F.3d 981, 982- 83 (8th Cir. 1995), we affirm because Horvath’s claims were barred either by the Rooker-Feldman2 doctrine, see Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 125 S. Ct. 1517, 1523, 1526 & n.8 (2005) (Rooker-Feldman doctrine recognizes that with the exception of habeas corpus petitions, 28 U.S.C. § 1331 does not allow district courts appellate jurisdiction over state-court judgments), or by res judicata, see id. at 1527 (federal court has to give same preclusive effect to a state-court judgment as another court of that State would give); Wells v. Ark. Pub. Serv. Comm’n, 616 S.W.2d 718, 719 (Ark. 1981) (elements of res judicata). See 8th Cir. R. 47B. ______________________________

1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas. 2 See Rooker v. Fid. Trust Co., 263 U.S. 413 (1923); D.C. Ct. of Appeals v. Feldman, 460 U.S. 462 (1983).

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