United States Court of Appeals

For the Eighth Circuit

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No. 18-2423

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Victor Bernard Williams, M.D.

lllllllllllllllllllllPlaintiff - Appellant

v.

Baptist Health, doing business as Baptist Health Medical Center; Douglas Weeks,

Individually and in his Official Capacity as Sr. Vice-President and Administrator;

Everett Tucker, M.D., Individually and in his Official Capacity as a Member of the

Credentials Committee; Tim Burson, M.D., Individually, and in his Official

Capacity as Chief of Surgery and Chairperson of the Surgery Control Committee;

Scott Marotti, M.D., Individually, and in his Official Capacity as a Member of the

Surgery Control Committee; Susan Keathley, M.D., Individually, and as

Chairperson of the Credentials Committee; Chris Cate, M.D., Individually, and as

Chairman of the Executive Committee and Chief of Staff; Surgical Clinic of Central

Arkansas; John E. Hearnsberger, II, M.D., Individually; Joseph M. Beck, M.D.,

Individually; Charles Mabry, M.D., Individually; James Counce, M.D., Individually

lllllllllllllllllllllDefendants - Appellees

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Appeal from United States District Court 

for the Eastern District of Arkansas - Little Rock

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Submitted: May 23, 2019

Filed: May 29, 2019

[Unpublished]

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Before BENTON, STRAS, and KOBES, Circuit Judges.

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PER CURIAM.

Victor Williams, M.D., filed this action against a medical center, six of its

employees, a surgical clinic, two members of the Arkansas State Medical Board, and

two of the Medical Board’s consulting physicians alleging a conspiracy to revoke his

medical license in violation of state law and 42 U.S.C. §§ 1981, 1982, and 1983.

Willams appeals the district court’s dismissal of his claims against numerous 1

defendants, and grant of summary judgment against the remaining defendants. After

careful de novo review, see Marsh v. Phelps Cty., 902 F.3d 745, 751 (8th Cir. 2018)

(de novo review of grant of summary judgment); Smith v. Johnson, 779 F.3d 867, 870

(8th Cir. 2015) (de novo review of dismissal based on res judicata), we affirm. 

We agree with the district court that Williams’s claims against several

defendants were barred by res judicata. See Finstand v. Beresford Bancorporation,

Inc., 831 F.3d 1009, 1014 (8th Cir. 2016) (federalsuit was barred because, under state

law, prior judgment precluded claims that could have been raised in prior actions);

Baptist Health v. Murphy, 373 S.W.3d 269, 278 (Ark. 2010) (when case is based on

same events asfirst lawsuit, resjudicata applies even if second lawsuit raises new legal

issues and seeks additional remedies). We conclude that the district court properly

granted summary judgment for the remaining defendants, asthose claims were barred

by absolute quasi-judicial or statutory immunity. See Ark. Code Ann. § 17-80-

103(West 2018) (amended 2019) (no individual acting on behalf of medical board shall

be liable for action taken or recommendation made within scope of board’s functions);

Briscoe v. LaHue, 460 U.S. 325, 345 (1983) (extending absolute judicial immunity to

witnesses); Buser v. Raymond, 476 F.3d 565, 570-71 (8th Cir. 2007) (state medical

board member had absolute quasi-judicialimmunity for performing judicialfunctions).

We find no error in the district court’s summary denial of Williams’s Federal Rule of

The Honorable James M. Moody, Jr., United States District Judge for the

1

Eastern District of Arkansas.

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Civil Procedure 59(e) and 60(b) motion. See Auto Servs. Co., Inc. v. KPMG, LLP,

537 F.3d 853, 857 (8th Cir. 2008) (abuse of discretion review). 

Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. 

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