RUTH IMOGENE SCOTT, APPELLANT,
v.
STEVE CLARK, ATTORNEY GENERAL OF THE STATE OF ARKANSAS, AND THOMAS GAY, APPELLEES

8th Cir. | 1983-08-05
No. 83-1511
Before HEANEY, BRIGHT and FAGG, Circuit Judges.
712 F.2d 1305 United States Court of Appeals for the Eighth Circuit (1983)
Cited by 21 cases

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Holding

The court held that the appeal was frivolous and without merit.


Facts & Procedural History

Appellant sued an Assistant Attorney General for libel after being placed on a 'Buyer Beware List' and for an alleged campaign to drive her business o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Ruth Imogene Scott appeals from the district court’s1 judgment after a bench trial in favor of Arkansas Assistant Attorney General Thomas S. Gay.2 Appellant brought an action pursuant to 42 U.S.C. § 1983 (Supp. Ill 1979) alleging that Gay had libelled her by placing her name on the Attorney General’s “Buyer Beware List” and publishing the list in Consumer Alert, a newsletter put out by the Consumer Protection Division of the Attorney General’s Office and circulated throughout the State. Appellant further claimed that Gay and Arkansas Attorney General Steve Clark had engaged in an “undercover campaign” to drive her literary agency out of business. The district court found that Gay had not libelled appellant because he had not acted negligently in publishing the information about appellant in Consumer Alert. See Dodrill v. Arkansas Democrat Co., 265 Ark. 628, 590 S.W. 2d 840, 844 (1979), cert. denied, 444 U.S. 1076,100 S.Ct. 1024, 62 L.Ed.2d 759 (1980). The court dismissed appellant’s other claim for lack of “any evidence whatsoever.”

After a thorough review of the briefs and arguments of the parties and the record in this case, we conclude this appeal is frivolous and entirely without merit. Accordingly, we affirm. See 8th Cir.R. 12(a).

. The Honorable William R. Overton, United States District Judge for the Eastern District of Arkansas.

. The district court dismissed Arkansas Attorney General Steve Clark as a party defendant at the close of Scott’s case-in-chief. Scott has not challenged this ruling on appeal.


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