Vaughn Lee Miller v. Andy Lee

U.S. Court of Appeals for the Eighth Circuit
Vaughn Lee Miller v. Andy Lee, 25 F. App'x 498 (8th Cir. 2002)

Vaughn Lee Miller v. Andy Lee

Opinion

PER CURIAM.

Arkansas inmate Vaughn Lee Miller filed a 42 U.S.C. § 1983 complaint against two Benton County deputies and the sheriff, based on injuries he allegedly received while being transported from one jail to another. The district court 1 granted defendants’ motion for summary judgment, finding that Miller’s complaint alleged no more than negligence and therefore did not state a section 1983 claim. Upon de novo review, see Spencer v. Knapheide Truck Equip. Co., 183 F.3d 902, 904-05 (8th Cir. 1999), cert. denied, 528 U.S. 1157, 120 S.Ct. 1165, 145 L.Ed.2d 1076 (2000), we agree with the district court, see Williams v. Kelso, 201 F.3d 1060, 1065 (8th Cir. 2000) (to establish claim of deliberate indifference to substantial risk of serious harm, plaintiff must show more than negligence); Tlamka v. Serrell, 244 F.3d 628, 635 (8th Cir. 2001) (supervisor liability arises only if supervisor directly participates in constitutional violation, or failure to train causes constitutional deprivation).

Accordingly, we affirm.

1

. The Honorable Beverly Stites Jones, Unites States Magistrate Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

Reference

Full Case Name
Vaughn Lee MILLER, Appellant, v. Andy LEE, Sheriff, Benton County; Deputy R.D. Connor; Deputy Paul Newell, Appellees
Status
Unpublished