Darrell McDowell v. Jimmie M. Jones, & Bill M. Armontrout, 990 F.2d 433 (8th Cir. 1993). · Go Syfert
Darrell McDowell v. Jimmie M. Jones, & Bill M. Armontrout, 990 F.2d 433 (8th Cir. 1993). Cases Citing This Book View Copy Cite
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cited 7× by 7 distinct cases, 2018–2025 · 5 courts · …erbal threats and name calling usually are not actionable under 1983. at p. 434 Topic ↗
cited 5× by 5 distinct cases, 2022–2025 · 4 courts · …verbal threats and name calling usually are not actionable under 1983. at p. 434 Topic ↗
215 citation events (190 in the last 25 years) across 30 distinct courts.
Strongest positive: Kelly La Gale McSean v. St. Francois County Detention Center, et al. (moed, 2026-01-07)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kelly La Gale McSean v. St. Francois County Detention Center, et al.
E.D. Mo. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Edner v. Redwood County District Attorney's Office
D. Minnesota · 2025 · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Hower v. Rice
E.D. Mo. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Payne v. Peters
E.D. Tenn. · 2025 · quote attribution · 1 verbatim quote · confidence high
verbal threats and name-calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Mickens v. Clark
M.D. Penn. · 2025 · quote attribution · 1 verbatim quote · confidence high
erbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Ortiz v. Torgenson
D. Utah · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
erbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Cook v. Pike County, Missouri
E.D. Mo. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) McSean v. Harris
E.D. Mo. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) McSean v. Lemons
E.D. Mo. · 2023 · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Phillips v. Rice
E.D. Mo. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Libertus v. Harris
E.D. Mo. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Johnson v. Stange (2×) also: Cited "see"
E.D. Mo. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Ray v. Missouri Department of Corrections
W.D. Mo. · 2023 · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Howell v. Kennon
E.D. Mo. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
examined Cited as authority (verbatim quote) Jeude v. City of St. Louis, Missouri (3×) also: Cited as authority (rule), Cited "see"
E.D. Mo. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Rios Rosa v. Stange
E.D. Mo. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Penn v. Arthur
E.D. Mo. · 2022 · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Allen v. Waters
E.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Allen v. Waters
E.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Rios Rosa v. Stange
E.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Crandall v. Armijo
E.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Roberts v. SECC Department of Corrections
E.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Copeland v. Hefner
E.D. Mo. · 2022 · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Lightfeather v. Prey
D. Neb. · 2022 · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Bell v. Scroggins
E.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Goldsmith v. Heffner
E.D. Mo. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Howell v. Saint Louis City
E.D. Mo. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Owens v. Mississippi County Detention Center
E.D. Mo. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Howell v. Department of Justice Services
E.D. Mo. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Washington v. Dayton Area Board of Realtors
S.D. Ohio · 2021 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must make sufficient factual allegations to link two alleged conspirators and to establish the requisite 'meeting of the minds' essential to the existence of the conspiracy.
discussed Cited as authority (verbatim quote) Scott v. Angerhofer
D. Utah · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
erbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Davis-Bey v. Bellefontaine Neighbors Police Department
E.D. Mo. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
verbal threats and name calling usually are not actionable under 1983
discussed Cited as authority (verbatim quote) Wilson v. Tolentino
D. Colo. · 2020 · quote attribution · 1 verbatim quote · confidence high
erbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Brewer v. Thompson
D. Utah · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
erbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (verbatim quote) Buchanan (ID 75142) v. Johnson County Sheriff's Department
D. Kan. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
erbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (quoted) Requena v. Roberts
10th Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
erbal threats and name calling usually are not actionable under 1983.
discussed Cited as authority (rule) Zachary L. Toler v. Judge Mary Pat Zitter, et al.
N.D. Ohio · 2025 · confidence medium
McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (holding that a plaintiff failed to state a claim for conspiracy pursuant to § 1985 for failure to allege a meeting of the minds).
cited Cited as authority (rule) Denise L. Holman v. Felix Vincenz, et al.
E.D. Mo. · 2025 · confidence medium
See King v. Olmsted Cnty., 117 F.3d 1065 , 1067 (8th Cir. 1997); McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993); Hopson v. Fredericksen, 961 F.2d 1374, 1378 (8th Cir. 1992).
discussed Cited as authority (rule) Christopher Deshaun Montgomery v. Blaine Miller, Benton County Drug Unit (BCDU) and Detective Robbins, BCDU
W.D. Ark. · 2025 · confidence medium
See ECF No. 13, pp. 4–5 (citing Martin v. Sargent, 780 F.2d 1334, 1339 (8th Cir. 1985); McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993); O’Donnell v. Thomas, 826 F.2d 788 , 790 (8th Cir. 1987); Burton v. Livingston, 791 F.2d 97, 100 (8th Cir. 1986).
discussed Cited as authority (rule) Christian Jackson v. Dexter Payne, et al.
E.D. Ark. · 2025 · confidence medium
McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (inmate’s claims of general harassment and of verbal harassment were not actionable under ' 1983); O’Donnell v. Thomas, 826 F.2d 788 , 790 (8th Cir. 1987) (verbal threats and abuse by jail officials did not rise to the level of a constitutional violation). 6.
discussed Cited as authority (rule) Jackson v. Payne
E.D. Ark. · 2025 · confidence medium
McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (inmate’s claims of general harassment and of verbal harassment were not actionable under ' 1983); O’Donnell v. Thomas, 826 F.2d 788 , 790 (8th Cir. 1987) (verbal threats and abuse by jail officials did not rise to the level of a constitutional violation).
discussed Cited as authority (rule) Barton v. Young
D. Neb. · 2025 · confidence medium
McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (inmate's claims of general harassment and of verbal harassment were not actionable under § 1983); O'Donnell v. Thomas, 826 F.2d 788 , 790 (8th Cir. 1987) (verbal threats and abuse by jail officials did not rise to the level of an Eighth Amendment violation); Martin v. Sargent, 780 F.2d 1334, 1339 (8th Cir. 1985) (obscene names and threats do not violate the Eighth Amendment).
discussed Cited as authority (rule) Denby v. Blanco
D. Neb. · 2025 · confidence medium
“Verbal threats and name calling usually are not actionable under § 1983,” McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (citing Martin v. Sargent, 780 F.2d 1334, 1338-39 (8th Cir. 1985)), and in this case, Blanco’s statements did not rise even to that level.
discussed Cited as authority (rule) Laster v. Evans
D. Del. · 2025 · confidence medium
Certain statements by a corrections officer to other inmates can violate a | See McFadden v. Lucas, 713 F.2d 143, 146 (Sth Cir. 1983); Ivey v. Williams, 832 F.2d 950, 955 (6th Cir. 1987); DeWalt v. Carter, 224 F.3d 607, 612 (7 Cir. 2000) (abrogated on other grounds); McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993); Keenan v. Hall, 83 F.3d 1083, 1092 (9th Cir. 1996); Swoboda v. Dubach, 992 F.2d 286, 290 (10th Cir. 1993); Edwards v. Gilbert, 867 F.2d 1271 , 1274 n. 1 (11th Cir. 1989). prisoner plaintiff's constitutional rights under certain circumstances; specifically, “[t]his Court has r…
discussed Cited as authority (rule) Buyalova v. Cantrell
W.D. Ark. · 2025 · confidence medium
McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (claims of general harassment and of verbal harassment were not actionable under section 1983). “‘The Constitution does not protect against all intrusions on one's peace of mind.
discussed Cited as authority (rule) Authement v. Carl
W.D. Ark. · 2025 · confidence medium
McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (finding that a prisoner’s claims of general harassment and of verbal harassment were not actionable under section 1983); O’Donnell v. Thomas, 826 F.2d 788 , 790 (8th Cir. 1987) (stating that verbal threats and abuse by jail officials did not rise to the level of a constitutional violation).
discussed Cited as authority (rule) Pettit v. Walraven
W.D. Ark. · 2025 · confidence medium
McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (inmate's claims of general harassment and of verbal harassment were not actionable under Section 1983); O'Donnell v. Thomas, 826 F.2d 788 , 790 (8th Cir. 1987) (verbal threats and abuse by jail official did not rise to the level of a constitutional violation).
discussed Cited as authority (rule) King v. Vorhease
W.D. Ark. · 2025 · confidence medium
It is well established, however, that “verbal threats and name calling usually are not actionable under § 1983.” McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (citing Martin v. Sargent, 780 F.2d 1334, 1338, 1339 (8th Cir. 1985)).
discussed Cited as authority (rule) (PC) Valencia v. Martinez
E.D. Cal. · 2025 · confidence medium
Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir. 1987); see 3 also Freeman v. Arpaio, 125 F.3d 732, 738 (9th Cir. 1997) (allegations of verbal harassment and 4 abuse fail to state a claim cognizable under 42 U.S.C. § 1983 .); Keenan v. Hall, 83 F.3d 1083 , 5 1092 (9th Cir. 1996) (harassment does not constitute an Eighth Amendment violation); Purcell v. 6 Coughlin, 790 F.2d 263, 265 (2d Cir. 1986) (allegations that prison guards called him names was 7 not sufficient to allege a constitutional violation); McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 8 1993) (verbal threats and name callin…
discussed Cited as authority (rule) Edwards, Jr. v. Martin
W.D. Ark. · 2025 · confidence medium
Regarding Plaintiff’s claims against Defendant Martin, it is well established that “[v]erbal threats and name calling usually are not actionable under § 1983.” McDowell v. Jones, 990 F.2d 433, 434 (8th Cir. 1993) (citing Martin v. Sargent, 780 F.2d 1334, 1338, 1339 (8th Cir. 1985)).
Retrieving the full opinion text from the archive…
Darrell MCDOWELL, Appellant,
v.
Jimmie M. JONES, and Bill M. Armontrout, Appellees
92-3160.
Court of Appeals for the Eighth Circuit.
Apr 7, 1993.
990 F.2d 433
Darrell McDowell, pro se., Thomas J. Hayek, St. Louis, MO, argued, for appellee.
Arnold, Hansen, Heaney, Richard.
Cited by 200 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: Tenth Circuit (1)
RICHARD S. ARNOLD, Chief Judge.

Darrell McDowell brought this case claiming under 42 U.S.C. §§ 1983, 1985(3) that prison officials at two prisons violated his rights during his incarceration. The District Court [1] granted defendant Jim Jones’s motion to dismiss and defendant Bill Armontrout’s motion for summary judgment, and we affirm.

McDowell claims that while at Missouri Training Center for Men (MTCM), now Moberly Correctional Center, he was harassed generally, harassed to prevent his filing of a grievance, his property was seized, and he was transferred from MTCM to Missouri State Penitentiary in 1989, all in violation of his constitutional rights. He also claims that defendant Jim Jones, who was the superintendent of MTCM, conspired to deprive him of his rights. On January 7, 1991, the District Court granted Jones’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The Court held that McDowell could prove no set of facts showing that the occurrences at MTCM had deprived him of his federally protected rights, as required in order to state a claim for relief under § 1983. On August 12, 1992, the District Court, addressing an amended complaint, again dismissed with prejudice. [2]

With respect to his allegations that prison staff harassed him generally and harassed him in order to dissuade him from filing a grievance about his seized property, we agree with the District Court’s conclusion that McDowell has not alleged a violation of his constitutional rights. McDowell has not alleged that he was denied access to the grievance procedure. Verbal threats and name calling usually are not actionable under § 1983. Martin v. Sargent, 780 F.2d 1334, 1338, 1339 (8th Cir.1985); cf. Burton v. Livingston, 791 F.2d 97, 99, 100-01 (8th Cir.1986) (threatening words of prison guard, without more, do not invade a federally protected right, but such words do so when a guard “terrorized ... [prisoner] with threats of death”). We also agree that because McDowell could have pursued a state postdeprivation remedy for the conversion of his property, Maples v. United Sav. and Loan Ass’n, 686 S.W.2d 525, 527 (Mo.App.1985), he had no due-process claim for the seizure and denial of use of that property. Daniels v. Williams, 474 U.S. 327, 328, 330-31, 106 S.Ct. 662, 663, 664-65, 88 L.Ed.2d 662 (1986); Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 3203-04, 82 L.Ed.2d 393 (1984).

We further agree that McDowell’s transfer to MSP is not the basis for a § 1983 claim. Neither the United States Constitution nor Missouri law establishes a liberty interest in avoiding transfer to a more restrictive prison. Meachum v. Fano, 427 U.S. 215, 223-24, 96 S.Ct. 2532, 2537-38, 49 L.Ed.2d 451 (1976); Mo.Ann.Stat. § 217.350 (Vernon Supp.1992). See also Brown-El v. Delo, 969 F.2d 644, 647-48 (8th Cir.1992). Finally, the District Court also properly found that McDowell did not state a § 1985(3) conspiracy claim; McDowell alleged no meeting of the minds of the alleged conspirators. City of Omaha Employees Betterment Ass’n v. Omaha, 883 F.2d 650, 652 (8th Cir.1989). We affirm the District Court’s dismissal as to the defendant Jones.

McDowell claims that many of his rights were violated when he was in the Missouri State Penitentiary (MSP), now[*435] Jefferson City Correctional Center, and that the defendants conspired to deprive him of these rights. [3] Defendant Bill Armontrout was then the superintendent of the Missouri State Penitentiary.

To hold a supervisor liable under § 1983, a plaintiff must allege and show that the supervisor personally participated in or had direct responsibility for the alleged violations. Martin v. Sargent, 780 F.2d at 1338. Or a plaintiff could show that the supervisor actually knew of, and was deliberately indifferent to or tacitly authorized, the unconstitutional acts. Pool v. Missouri Dept. of Corr. & Human Resources, 883 F.2d 640, 645 (8th Cir.1989). McDowell has done neither. Armontrout denied his involvement in many of the alleged violations. Supplemental Affidavit of Bill Armontrout (Mar. 30, 1991). There is no dispute of fact here. McDowell agreed that Armontrout did not participate in the alleged violations, and he declared that he had sued Armontrout only because of Armontrout’s position as warden. Deposition of Darrell McDowell (Jan. 4, 1990) 44, 50, 65. We affirm the District Court’s grant of Armontrout's motion for summary judgment.

Affirmed.

1

. The Hon. Carol E. Jackson, United States Magistrate Judge for the Eastern District of Missouri, elevated to United States District Judge for the Eastern District of Missouri on August 17, 1992.

2

. The District Court in August 1992 reconsidered its earlier dismissal of Jones because on February 20, 1991, plaintiff filed an amended complaint. The Court ruled that the claims against Jones in the amended complaint were similar to those in the first complaint, and we agree.

3

. He first claims that his rights were violated during his first two months at MSP when he was placed in administrative segregation, even though he had committed no violation.' This segregation, he claims, deprived him of the rights other prisoners enjoyed, including a greater frequency of exercise and the use of his personal property and hygiene materials. He also claims that he was deprived of dental treatment and treatment for back and headaches. He further alleges that he was disciplined for an assault he did not commit, and thus was denied the use of his personal property and his right to be a member of the general prison population. He next alleges that he was harassed in order to prevent him from filing a grievance, and that he received no response to it when it was filed. Finally, he challenges his transfer to Potosi Correctional Center during early 1992.