James McConnell v. Karen King Andrea Spillars William Webster Jeremiah Nixon John Munich Bruce Farmer, 42 F.3d 471 (8th Cir. 1994). · Go Syfert
James McConnell v. Karen King Andrea Spillars William Webster Jeremiah Nixon John Munich Bruce Farmer, 42 F.3d 471 (8th Cir. 1994). Cases Citing This Book View Copy Cite
13 citation events (10 in the last 25 years) across 10 distinct courts.
Strongest positive: Tinch v. Streeval (vawd, 2025-03-28)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Tinch v. Streeval
W.D. Va. · 2025 · confidence medium
Va. Apr. 4, 2023) (denying motion for preliminary injunction because “[t]hese new allegations, while undoubtedly troubling, are not clearly related to the conduct described in the complaint”) (citing Devose, 42 F.3d at 471).
cited Cited as authority (rule) Wilson v. Santana
S.D. Cal. · 2024 · confidence medium
Id. (citing 26 Devose, 42 F.3d at 471).
discussed Cited as authority (rule) (PC) Williams v. Petras
E.D. Cal. · 2021 · confidence medium
Devose, 42 F.3d at 471; see also Pacific 22 Radiation Oncology, 810 F.3d at 636 (adopting the rule of Devose and noting that it illustrates 23 “the exactitude by which courts evaluate whether a motion for injunctive relief is related to the 24 underlying claim”); Adair v. England, 193 F. Supp. 2d 196, 200 (D.D.C. 2002) (“when a motion 25 for a preliminary injunction ... raises issues different from those presented in the complaint, the 26 court has no jurisdiction over the motion”). 27 28 1 Here, plaintiff's motion complains that three entities (all non-parties) have falsified his 2 | …
discussed Cited as authority (rule) Hamilton v. Bartholomew
10th Cir. · 1999 · confidence medium
At least one other circuit has held that assistant attorneys general are “absolutely immune from claims related to their advocacy functions in defending state officers in civil rights suits.” McConnell v. King, 42 F.3d 471, 472 (8th Cir. 1994); see also Murphy v. Morris, 849 F.2d 1101, 1105 (8th Cir. 1988).
discussed Cited as authority (rule) First Commercial Trust Company, N.A. v. Colt's Manufacturing Company, Inc.
1st Cir. · 1996 · confidence medium
Although "the courthouse is always open to good faith appeals of what are honestly thought to be errors of the lower court," McConnell v. King, 42 F.3d 471, 472 (8th Cir.1994) (per curiam) (quotations omitted), sanctions are appropriate where an appeal challenges district court decisions "that are unquestionably supported by the great weight of the evidence and wholly in conformance with applicable law," Maristuen v. National States Ins.
discussed Cited as authority (rule) First Commercial Trust Co. v. Colt's Manufacturing Co.
8th Cir. · 1996 · confidence medium
Although “the courthouse is always open to good faith appeals of what are honestly thought to be errors of the lower court,” McConnell v. King, 42 F.3d 471, 472 (8th Cir.1994) (per curiam) (quotations omitted), sanctions are appropriate where an appeal challenges district court decisions “that are unquestionably supported by the great weight of the evidence and wholly in conformance with applicable law,” Maristuen v. National States Ins.
discussed Cited "see" Jamison v. Herring
E.D. Va. · 2023 · signal: see · confidence high
See ° McConnell v. King, 42 F.3d 471, 472 (8th Cir. 1994) (finding claims against state assistant attorneys general are based on an “indisputably meritless legal theory” (citing Murphy, 849 F.3d at 1105; Neitzke, 490 U.S. at 327 )).’ Accordingly, Jamison’s claims will be DISMISSED as FRIVOLOUS: B.
discussed Cited "see" Bryan v. Murphy
N.D. Ga. · 2003 · signal: see · confidence high
See McConnell v. King, 42 F.3d 471 (8th Cir.1994); Fry v. Melaragno, 939 F.2d 832 (9th Cir.1991); Murphy v. Morris, 849 F.2d 1101 (8th Cir.1988); Pryzina v. Ley, 813 F.2d 821 (7th Cir.1987); Barrett v. United States, 798 F.2d 565 (2d Cir.1986); Moore v. Schlesinger, 150 F.Supp.2d 1308 (M.D.Fla.2001).
discussed Cited "see, e.g." Taper v. Branch
S.D. Ohio · 2025 · signal: see also · confidence medium
See also McConnell v. King, 42 F.3d 471, 472 (8th Cir. 1994) (citing Murphy v. Morris, 849 F.2d 1101, 1105 (8th Cir. 1988)) (“The assistant attorneys general were absolutely immune from claims related to their advocacy functions in defending state officers in civil rights suits.”).
cited Cited "see, e.g." Crisp v. The State of Georgia
N.D. Ga. · 2023 · signal: see, e.g. · confidence medium
See, e.g., McConnell v. King, 42 F.3d 471, 472 (8th Cir. 1994); Pryzina v. Ley, 813 F.2d 821, 823 (7th Cir. 1987); Barrett v. United States, 798 F.2d 565, 573 (2d Cir. 1986).
discussed Cited "see, e.g." Hamilton v. Williams
W.D. Ark. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Devose, 42 F.3d at 471 (denying a preliminary injunction where a prisoner’s retaliation allegation was “entirely different from” the inadequate medical care claims and relief requested in his § 1983 complaint); Owens v. Severin, Case No. 08-1418, 2008 WL 4240153 (8th Cir. Sept. 18, 2008) (unpublished opinion) (denying a prisoner's request for a preliminary injunction because the “the relief sought was unrelated to the allegations in his [§ 1983] complaint”.) Moreover, his allegations of retaliation center on an ADC Unit that is outside the jurisdiction on the Western Dis…
discussed Cited "see, e.g." Bryan v. Murphy
N.D. Ga. · 2003 · signal: see, e.g. · confidence low
See, e.g., McConnell v. King, 42 F.3d 471 (8th Cir.1994); Fry v. Melaragno, 939 F.2d 832 (9th Cir.1991); Murphy v. Morris, 849 F.2d 1101 (8th Cir.1988); Pryzina v. Ley, 813 F.2d 821 (7th Cir.1987); Barrett v. United States, 798 F.2d 565 (2d Cir.1986); Moore, 150 F.Supp.2d at 1313-14 .
Retrieving the full opinion text from the archive…
James McCONNELL, Appellant,
v.
Karen KING; Andrea Spillars; William Webster; Jeremiah Nixon; John Munich; Bruce Farmer, Appellees
94-2154.
Court of Appeals for the Eighth Circuit.
Dec 14, 1994.
42 F.3d 471
James McConnell, pro se., Bruce Farmer, Asst. Atty. Gen., Jefferson City, MO, for appellees.
Wollman, Beam, Hansen.
Cited by 8 opinions  |  Published
9 passages pin-cited by 36 cases
Pinpoint authority: #1,161 of 633,719
Citer courts: S.D. Illinois (16) · N.D. Indiana (4) · E.D. Wisconsin (4) · W.D. Missouri (3) · S.D. Indiana (2) · E.D. Missouri (2) · D. Colorado (1)
PER CURIAM.

James McConnell, a Missouri inmate, appeals the district court’s [1] 28 U.S.C. § 1915(d) dismissal of his 42 U.S.C. § 1983 action. McConnell claimed that the past and present Attorney General of Missouri, three assistant attorneys general, and the chief counsel of the office’s litigation division violated his Eighth and Fourteenth Amendment rights by representing Missouri prison officials in other lawsuits McConnell had filed.

The district court did not abuse its discretion in dismissing McConnell’s claims pursuant to section 1915(d). See Denton v. Hernandez, — U.S. -, -, 112 S.Ct. 1728, 1734, 118 L.Ed.2d 340 (1992) (standard of review). The assistant attorneys general were absolutely immune from claims related to their advocacy functions in defending state officers in civil rights suits, see Murphy v. Morris, 849 F.2d 1101, 1105 (8th Cir.1988), and thus those claims were based on an “indisputably meritless legal theory.” See Neitzke v. Williams, 490 U.S. 319, 327, 109 S.Ct. 1827, 1833, 104 L.Ed.2d 338 (1989). McConnell’s claims against the remaining defendants lacked an “arguable basis ... in law” as well. See id. at 325, 109 S.Ct. at 1831-32.

Accordingly, the judgment is affirmed.

The appellees also ask that sanctions be imposed against appellant for bringing this appeal. We sustain the request. While the courthouse is always “ ‘open to good faith appeals of what are honestly thought to be errors of the lower court,’ ” United States v. Carter, 988 F.2d 68, 70 (8th Cir.) (per curiam) (quoted case omitted), cert. denied, — U.S. -, 114 S.Ct. 197, 126 L.Ed.2d 155 (1993), where an appeal is frivolous, we may award “just damages and single or double costs to the appellee.” Fed.RApp.P. 38. In this case, we award double costs. It is so ordered.

1

. The Honorable Scott 0. Wright, Senior United States District Judge for the Western District of Missouri, adopting the report and recommendation of the Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri.