James Cunningham, Tony Williams v. Governor Robert D. Ray, 648 F.2d 1185 (8th Cir. 1981). · Go Syfert
James Cunningham, Tony Williams v. Governor Robert D. Ray, 648 F.2d 1185 (8th Cir. 1981). Cases Citing This Book View Copy Cite
82 citation events (80 in the last 25 years) across 12 distinct courts.
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At page 1186 Determining standing for civil rights claims after death77 citing cases“pro se litigants must set a claim forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.”56 citing courts quote it · 75 listed here
Show 65 more citing cases
  • Turner v. Nebraska Small Claims Court, No. 8:24-cv-00190 (D. Neb. May 23, 2025).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Barnum v. Bode, No. 8:25-cv-00210 (D. Neb. May 1, 2025).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Knight v. State of Nebraska, No. 8:24-cv-00333 (D. Neb. Apr. 9, 2025).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Barber v. Doe 1, No. 8:24-cv-00046 (D. Neb. Feb. 10, 2025).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Clark v. Aerni, No. 8:24-cv-00392 (D. Neb. Nov. 27, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Cannaday v. Miller, No. 4:23-cv-03173 (D. Neb. Nov. 18, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Barber v. Lampman, No. 8:24-cv-00099 (D. Neb. Nov. 7, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Clark v. Pillen, No. 8:24-cv-00367 (D. Neb. Oct. 17, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Smith v. Eberhardt, No. 8:23-cv-00156 (D. Neb. Sept. 23, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Frazier v. State of Nebraska, No. 8:24-cv-00362 (D. Neb. Sept. 18, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Turner v. Mallinckrodt Inc, No. 4:24-cv-00244 (E.D. Mo. Aug. 7, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Hurd v. Fellhoelter, No. 8:23-cv-00286 (D. Neb. July 1, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Brown v. Briescher, No. 4:23-cv-00520 (E.D. Mo. May 15, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Davis v. United Parcel Serv., No. 4:23-cv-00272 (E.D. Mo. May 14, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Thornton, No. 8:23-cv-00456 (D. Neb. Apr. 9, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Dart, No. 8:23-cv-00441 (D. Neb. Apr. 9, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Bryne, No. 8:23-cv-00469 (D. Neb. Apr. 9, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Hoskins, No. 8:23-cv-00393 (D. Neb. Apr. 9, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Schenider, No. 8:23-cv-00449 (D. Neb. Apr. 9, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Kacsmaryk, No. 8:23-cv-00420 (D. Neb. Apr. 9, 2024).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • United States v. Sutton, No. 2:23-cv-02100 (W.D. Ark. Mar. 27, 2024).
    (pro se litigants must set [forth a claim] in a manner which, taking the pleaded facts as true, states a claim as a matter of law)
  • Becker Hurd v. State of Nebraska, No. 8:23-cv-00288 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Hurd v. Elliot Long, No. 8:23-cv-00295 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Regean, No. 8:23-cv-00279 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Hurd, No. 8:23-cv-00208 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker Hurd v. Long, No. 8:23-cv-00285 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. First Nat'l Bank of Omaha, No. 8:23-cv-00275 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker Hurd v. Bayless, No. 8:23-cv-00284 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Scotts Bluff Sheriff Off., No. 8:23-cv-00316 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker Hurd v. Cnty. of Scottsbluff, No. 8:23-cv-00302 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker v. Scottsbluff Cnty. Sheriff, No. 8:23-cv-00293 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Becker Hurd v. Stoddard, No. 8:23-cv-00278 (D. Neb. Dec. 12, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Lockhart v. Cassin, No. 8:23-cv-00032 (D. Neb. Nov. 30, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Lockhart v. Begor, No. 8:23-cv-00033 (D. Neb. Nov. 30, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Lockhart v. Cartwright, No. 8:23-cv-00034 (D. Neb. Nov. 30, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Davis v. United Parcel Serv., No. 4:23-cv-00272 (E.D. Mo. Nov. 14, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Johnson v. Hennepin Cnty., No. 0:23-cv-00066 (D. Minn. Nov. 1, 2023). 2 cites
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Rogers v. Wood, No. 4:23-cv-03058 (D. Neb. Oct. 17, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Williams v. Spire, No. 4:23-cv-00043 (E.D. Mo. Oct. 5, 2023).
    ([P]ro se litigants must set [a claim] forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law.)
  • Charles Richard Stone v. Rick Harry Anita Schlank Deborah Konieska Rhonda Heskin Amy Anderson Lori Parkos Jim Lind, 364 F.3d 912 (8th Cir. 2004).published
  • Geoffrey Ryan Stringer Robin Charee Christopher v. St. James R-1 Sch. Dist. Missouri Dep't of Elementary & Secondary Educ., 446 F.3d 799 (2d Cir. 2006).published
  • Strandell v. Jackson Cnty., Ill., 648 F. Supp. 126 (S.D. Ill. 1986).published
  • Geoffrey Stringer v. St. James R-I Sch., No. 05-1182 (8th Cir. May 3, 2006).published
  • Jones v. Samora, 2016 COA 191, 395 P.3d 1165.published
  • Ashley v. Hodges, No. 4:20-cv-01125 (E.D. Ark. Sept. 8, 2021).
  • Risdal v. Cherokee City Chief of Police, No. 5:19-cv-04007 (N.D. Iowa Mar. 24, 2020).
  • Risdal v. Turner, No. 5:18-cv-04057 (N.D. Iowa Mar. 31, 2020).
  • Solomon Mathis v. Lozier Per Lts Pro Se Can Submit Filings to the Ecf Email Box - Per 11 Minutes - Plt to Be Served by Email, No. 3:19-cv-03035 (N.D. Iowa July 2, 2020).
  • Dommer v. LTD Fin. Servs., LP, No. 1:20-cv-00031 (N.D. Iowa July 29, 2020).
  • Swanson v. Wilford, Geske & Cook, No. 0:19-cv-00117, 2019 WL 4575826 (D. Minn. Aug. 30, 2019).
  • Williams v. State of Mississippi, No. 0:23-cv-00086 (D. Minn. May 18, 2023).
  • Lloyd v. TD Bank USA, N.A., No. 0:22-cv-02421 (D. Minn. July 17, 2023).
  • Manalansan-Lord v. U.S. Dep't of Educ., No. 4:19-cv-03086 (E.D. Mo. July 27, 2020).
  • Little v. Cape Girardeau Police Dep't, No. 1:20-cv-00256 (E.D. Mo. July 1, 2021).
  • Lewis v. Exec. Dining LLC, No. 4:20-cv-01261 (E.D. Mo. Aug. 27, 2021).
  • Turner v. Wall, No. 4:22-cv-00033 (E.D. Mo. Sept. 20, 2023).
  • Arias Ramirez v. Coca Cola Co. of North Am., No. 4:22-cv-01077 (E.D. Mo. Sept. 29, 2023).
  • Butler v. Rockman, No. 8:23-cv-00068 (D. Neb. Sept. 1, 2023).
  • Stanko v. Oglala Sioux Tribe, No. 5:17-cv-05008 (D.S.D. Sept. 20, 2017).
  • Pugh v. Ghormley, No. 4:22-cv-04068 (W.D. Ark. Aug. 25, 2022).
  • Merrell v. Gorhmley, No. 4:22-cv-04072 (W.D. Ark. Sept. 23, 2022).
  • Koehler v. New Am. Funding, No. 4:23-cv-01332 (E.D. Mo. July 8, 2024).
  • Ellefson, No. 4:25-cv-04128 (D.S.D. Mar. 3, 2026).
  • Manalansan-Lord, No. 4:25-cv-00985 (E.D. Mo. Mar. 25, 2026).
  • Lipsky, No. 4:25-cv-04136 (D.S.D. May 5, 2026).
Retrieving the full opinion text from the archive…
James CUNNINGHAM, Tony Williams, Appellants,
v.
Governor Robert D. RAY Et Al., Appellees
81-1257.
Court of Appeals for the Eighth Circuit.
May 18, 1981.
Published opinion
648 F.2d 1185
1981 U.S. App. LEXIS 13187
Tony Williams, pro se, on brief., Appellees did not file brief.
Bright, Ross, Memillian.
Cited by 71 opinions  |  Published
PER CURIAM.

James Cunningham and Tony Williams, inmates of the Iowa State Penitentiary, brought this civil rights action pro se against the governor of Iowa in his official[*1186] capacity and against two former employees of the Iowa Department of Social Services in their individual capacities. The district court [1] dismissed their complaint for failure to state a claim upon which relief could be granted pursuant to Fed.R.Civ.P. 12(b)(6). We affirm.

In their complaint Cunningham and Williams alleged that appellees’ nonfeasance in supervising the administration of the Iowa State Penitentiary resulted in the murder of Cunningham’s brother, then an inmate of the prison, by fellow inmates in 1977. In addition, Cunningham and Williams alleged that appellees were responsible for a “constant threat of violence” which pervades the prison and subjects them to cruel and unusual punishment.

The district court granted appellants’ motion to file their complaint in forma pauper-is, but in so doing held that James Cunningham lacked standing in his individual capacity to seek redress for any violation of his brother’s civil rights. Appellants object that the district court failed to cite authority for this proposition and suggest that it is erroneous.

Because 42 U.S.C. § 1983 (1976) is silent on the question of standing, state law governs the resolution of this issue. See Landrum v. Moats, 576 F.2d 1320, 1323 n.2 (8th Cir.), cert. denied, 439 U.S. 912, 99 S.Ct. 282, 58 L.Ed.2d 258 (1978) (and authority cited). Iowa law provides for the survival of causes of action notwithstanding the death of the person to whom they have accrued. Iowa Code § 611.20 (1979). Any cause of action resulting from a decedent’s death, however, may be brought only by the administrator of a decedent’s estate or by the decedent’s successor in interest. Iowa Code § 611.22 (1979). Surviving relatives have no standing to bring suit on such a cause of action in an individual capacity. See, e.g., Wendelin v. Russell, 259 Iowa 1152, 1156, 147 N.W.2d 188, 191 (1966). The district court therefore correctly held that Cunningham lacked standing to assert his deceased brother’s civil rights claim.

After the district court ordered the filing of appellants’ complaint, appellees moved to dismiss the complaint’s sole remaining count on numerous grounds, including its failure to state a claim on which relief could be granted. In granting the motion the district court accurately noted that, apart from the 1977 death of Cunningham’s brother, appellants “have alleged no * * * facts in support of their conclus[ory allegation] that violence and terror are a constant threat to their wellbeing.”

Moreover, in resisting the motion to dismiss, appellants failed to adduce a single fact in support of their conditions of confinement claim, but rather asserted that they would “stand on the data included in [their] original ,complaint[.]” However, in asserting such a claim even pro se litigants must set it forth in a manner which, taking the pleaded facts as true, states a claim as a matter of law. E.g., Nickens v. White, 536 F.2d 802, 803 (8th Cir. 1976). This appellants have failed to do.

Accordingly, we summarily affirm the district court’s judgment of dismissal. See Eighth Circuit Rule 9(a).

1

. The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa.