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42 F.3d 471

Docket No. 94-2154.

McConnell v. King

Eighth Circuit Court of Appeals

Submitted Dee. 8, 1994.

Decided Dec. 14, 1994.

Eighth Circuit Court of Appeals · decided 1994-12-14

Cited by 5 later decisions — most recently February 2003

1 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“the courthouse is always open to good faith appeals of what are honestly thought to be errors of the lower court,”

quoted by 1 later decision, including First Commercial Trust Company Na v. Colt's Manufacturing Company Inc

Applies 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Neitzke v. Williams · Denton v. Hernandez · Wade v. Shook

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1994-12-14

View the full empirical analysis of this case →

¶1*472James McConnell, pro se.

¶2Bruce Farmer, Asst. Atty. Gen., Jefferson City, MO, for appellees.

¶3Before WOLLMAN, BEAM, and HANSEN, Circuit Judges.

¶4PER CURIAM.

¶5James McConnell, a Missouri inmate, appeals the district court’s128 U.S.C. § 1915(d) dismissal of his 42 U.S.C. § 1983 action. McConnell claimed that the past and present Attorney General of Missouri, three assistant attorneys general, and the chief counsel of the office’s litigation division violated his Eighth and Fourteenth Amendment rights by representing Missouri prison officials in other lawsuits McConnell had filed.

¶6The district court did not abuse its discretion in dismissing McConnell’s claims pursuant to section 1915(d). See Denton v. Hernandez, — U.S. -, -, 112 S.Ct. 1728, 1734, 118 L.Ed.2d 340 (1992) (standard of review). The assistant attorneys general were absolutely immune from claims related to their advocacy functions in defending state officers in civil rights suits, see Murphy v. Morris, 849 F.2d 1101, 1105 (8th Cir.1988), and thus those claims were based on an “indisputably meritless legal theory.” See Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 1833, 104 L.Ed.2d 338 (1989). McConnell’s claims against the remaining defendants lacked an “arguable basis ... in law” as well. See id. at 325, 109 S.Ct. at 1831-32.

¶7Accordingly, the judgment is affirmed.

¶8The appellees also ask that sanctions be imposed against appellant for bringing this appeal. We sustain the request. While the courthouse is always “ ‘open to good faith appeals of what are honestly thought to be errors of the lower court,’ ” United States v. Carter, 988 F.2d 68, 70 (8th Cir.) (per curiam) (quoted case omitted), cert. denied, — U.S. -, 114 S.Ct. 197, 126 L.Ed.2d 155 (1993), where an appeal is frivolous, we may award “just damages and single or double costs to the appellee.” Fed.RApp.P. 38. In this case, we award double costs. It is so ordered.

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