John Dame v. First Natl. Bank

1The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-1470
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Charles Armstrong, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Todd A. Mandell & Associates, * Eastern District of Missouri.
L.L.C.; Richard L. Turner & *
Associates, L.L.C.; Rich Lakas & * [UNPUBLISHED]
Associates; Midwest Information *
Brokers, *
*
Appellees. *
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Submitted: June 7, 2000
Filed: June 15, 2000
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Before McMILLIAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
Charles Armstrong appeals from the district court’s1 order dismissing without
prejudice his 42 U.S.C. § 1983 action against law firms and other entities. After

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reviewing the record de novo and liberally construing Mr. Armstrong’s complaint, we
conclude the complaint failed to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii)
(action subject to dismissal if it fails to state claim upon which relief may be granted);
West v. Atkins, 487 U.S. 42, 48 (1988) (§ 1983 plaintiff must allege violation of
federally protected right); Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)
(pro se complaint shall be liberally construed); Moore v. Sims, 200 F.3d 1170, 1171
(8th Cir. 2000) (per curiam) (standard of review); Madewell v. Roberts, 909 F.2d 1203,
1208 (8th Cir. 1990) (liability under § 1983 requires causal link to, and direct
responsibility for, deprivation of rights); Harkins v. Eldredge, 505 F.2d 802, 803 (8th
Cir. 1974) (per curiam) (conduct of counsel in representing clients does not constitute
action under color of state law for purposes of § 1983 violation). To the extent the
complaint could be viewed as attempting to assert a state law legal malpractice claim,
we conclude subject matter jurisdiction was lacking. See 28 U.S.C. § 1332(a)(1)
(diversity-of-citizenship requirement).
Accordingly, we affirm. See 8th Cir. R. 47A(a).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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