United States Eighth Circuit

In a 42 U.S.C. section 1983 action arising out of a plaintiff's mother's death while in police custody, judgment on the pleadings for defendants and a denial of plaintiff-daughter's motion to amend her complaint are affirmed where: 1) under Arkansas law, the wrongful death action had to be brought by all of decedent's heirs at law, and thus due to a failure on that requirement, plaintiff lacked standing; and 2) there was no abuse of discretion in the denial of the motion to amend, as the complaint was a nullity which can't be amended.

Appellate Information

• Decided 08/16/2006
• Published 08/16/2006

Judges

• ARNOLD, Circuit Judge., Before ARNOLD and BEAM, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• W. David Carter, argued, Texarkana, TX, for appellant.


• For Appellees:
  
• C. Joseph Cordi, argued, Little Rock, AR, for appellee.