Larry Newburn v. Kieth Repko

Court of Appeals for the Eighth Circuit · Nov 19, 2020

Full text

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-2175 ___________________________

Larry Newburn

lllllllllllllllllllllPlaintiff - Appellant

Kieth Repko, St. Louis, MO VAMC Director; Dr. Patricia McKelvey; Cheryl Anderson, Chief Nurse

lllllllllllllllllllllDefendants - Appellees

Shautley Ray, LPN

lllllllllllllllllllllDefendant

Suzzane Blaylock, RN

lllllllllllllllllllllDefendant - Appellee

Dr. Mohammad Qadir

lllllllllllllllllllllDefendant

Jennifer Roberts, Privacy Officer; Angie Nicholson, Privacy Officer; Jock Holmes, ROI Release of Information Officer

lllllllllllllllllllllDefendants - Appellees

St. Louis, MO Veterans Affairs Medical Center

lllllllllllllllllllllDefendant

United States of America

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: November 16, 2020 Filed: November 19, 2020 [Unpublished] ____________

Before ERICKSON, WOLLMAN, and STRAS, Circuit Judges. ____________

PER CURIAM.

Larry Newburn appeals the district court’s1 dismissal of his Federal Tort Claims Act (FTCA) lawsuit. Upon de novo review, we find that the dismissal was proper. See Mackovich v. United States, 630 F.3d 1134, 1134-35 (8th Cir. 2011) (per curiam) (law of State where complained-of conduct occurred applies in FTCA cases). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri.

-2-