Testo completo
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-4231
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Timothy M. White, *
*
Appellant, *
*
v. *
* Appeal from the United States
Robert T. Rogers, Deputy Public * District Court for the Western
Defender; Kenneth Elser, Deputy * District of Arkansas.
Prosecuting Attorney; David S. *
Clinger, Prosecuting Attorney; April * [UNPUBLISHED]
M. Rye, Assistant Prosecuting *
Attorney; Bill Mead, Police Officer, *
Green Forest, Arkansas; Jeff Webb, *
*
Appellees. *
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Submitted: June 21, 2000
Filed: June 29, 2000
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Before LOKEN, FAGG, and HANSEN, Circuit Judges.
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PER CURIAM.
Timothy M. White appeals the district court's dismissal of White's 42 U.S.C. §
1983 action arising from his arrest and prosecution in 1994. Having reviewed the
record, we agree with the district court the defendant prosecutors were immune from
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suit for monetary damages, see Brodnicki v. City of Omaha, 75 F.3d 1261, 1266-67
(8th Cir.), cert. denied, 519 U.S. 867 (1966), and White's public defender was not a
state actor, see Polk County v. Dodson, 454 U.S. 312, 325 (1981). We also agree
White's action was time-barred. See ARK. CODE ANN. § 16-56-105 (Michie 1994)
(three-year statute of limitations); Wilson v. Garcia, 471 U.S. 261, 280 (1985); O'Mara
v. Dykema, 942 S.W.2d 854, 858 (Ark. 1997). We affirm the district court. See 8th
Cir. R. 47A(a).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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