U.S. Court of Appeals for the Eighth Circuit, 1996

Michael Lee Scott v. Mike Kemna

Michael Lee Scott v. Mike Kemna
U.S. Court of Appeals for the Eighth Circuit · Decided May 7, 1996

Michael Lee Scott v. Mike Kemna

Opinion

___________ No. 96-1745 ___________ Michael Lee Scott, * * Appellant, * * v. * Appeal from the United States * District Court for the Mike Kemna; Dan Smith, * Western District of Missouri Superintendent of Fulton * Reception and Diagnostic Center; * [UNPUBLISHED] Denise Westhoff, * * Appellees. * ___________ Submitted: April 3, 1996 Filed: May 7, 1996 ___________ Before McMILLIAN, FAGG and BOWMAN, Circuit Judges. ___________

PER CURIAM.

Michael Lee Scott, a Missouri inmate, appeals from the final order of the District Court1 for the Western District of Missouri, dismissing with prejudice his 42 U.S.C. § 1983 action claiming deliberate indifference to serious medical needs. The district court dismissed the action as to two defendant prison officials, concluding that Scott was suing them on the basis of respondeat superior. The district court granted summary judgment in favor of the remaining defendant, concluding that Scott had not shown deliberate indifference and had merely disagreed with the course of his medical treatment. We have carefully reviewed the record, and

The Honorable Howard F. Sachs, United States District Judge for the Western District of Missouri. we conclude the judgment of the district court was correct. Accordingly, we affirm. See 8th Cir. R. 47A(a).

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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