James M. Raper, Jr. v. Tina Maxwell, Treatment Supervisor, Southwest Arkansas Community Correction Center

United States Court of Appeals
For the Eighth Circuit
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No. 23-1011
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James M. Raper, Jr.
lllllllllllllllllllllPlaintiff - Appellant
v.
Tina Maxwell, Treatment Supervisor, Southwest Arkansas Community Correction
Center; Warden J. Minors, Southwest Arkansas Community Correction Center
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Texarkana
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Submitted: April 5, 2023
Filed: April 10, 2023
[Unpublished]
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Before KELLY, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
James Raper, Jr., appeals the district court’s1 dismissal of his complaint
against prison officials for failing to provide enough exercise time. Having carefully
1 The Honorable Susan O. Hickey, Chief Judge, United States District Court
for the Western District of Arkansas, adopting the report and recommendations of

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reviewed the record and the parties’ arguments on appeal, we conclude that qualified
immunity applies. See Fed. R. Civ. P. 12(b)(6); Kulkay v. Roy, 847 F.3d 637, 641–
42 (8th Cir. 2017) (reviewing the failure to state a claim de novo and explaining that
a right must be clearly established for an alleged violation to defeat qualified
immunity). We accordingly affirm the judgment of the district court. See 8th Cir.
R. 47B.
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the Honorable Barry A. Bryant, United States Magistrate Judge for the Western
District of Arkansas.

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