John Kemp MacInnis, Reg 08355-029 v. United States of America

United States Court of Appeals
For the Eighth Circuit
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No. 18-1268
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John Kemp MacInnis, Reg #08355-029
lllllllllllllllllllllPlaintiff - Appellant
v.
United States of America
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: August 28, 2018
Filed: August 31, 2018
[Unpublished]
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Before WOLLMAN, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.

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Federal inmate John Kemp MacInnis appeals the district court’s adverse grant1
of summary judgment in his Federal Tort Claims Act (FTCA) lawsuit. Viewing the
record in a light most favorable to MacInnis, and drawing all reasonable inferences
in his favor, see Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (de novo
review), we conclude that summary judgment was properly granted to the United
States of America based on MacInnis’s failure to provide medical expert testimony
in support of his claim of medical negligence, as required by Ark. Code Ann. § 16-
114-206(a). See Day v. United States, 865 F.3d 1082, 1086 (8th Cir. 2017) (to bring
FTCA claim, controlling law is that of state where act or omission occurred;
discussing requirements of § 16-114-206(a) in medical malpractice case arising in
Arkansas). The judgment is affirmed. See 8th Cir. R. 47B.
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The Honorable Kristine G. Baker, United States District Judge for the Eastern1
District of Arkansas, adopting the report and recommendation of the Honorable
Jerome T. Kearney, United States Magistrate Judge for the Eastern District of
Arkansas.
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