United States Eighth Circuit

In a 42 U.S.C. section 1983 action arising after plaintiff was ordered to repay workers compensation benefits previously granted by a state agency, summary judgment for defendants is affirmed where none of the defendants in the case were, as a matter of law, state actors under section 1983 since they only invoked state authority and never exercised state power over plaintiff or conspired with state officials.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

• BENTON, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bruce A. Schoenwald, Moorhead, MN, for Appellant.


• For Appellees:
  
• J. Philip Johnson, John V. Bouglar, Jason R. Crance, William P. Harrie, Fargo, ND, for Appellees, GMR Transportation, Inc. and Dennis Gustafson.