James Butler v. Connie Hubbard
Opinion
Arkansas inmate James E. Butler appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action.
Upon de novo review, this court finds that Butler fell short of establishing a jury issue of deliberate indifference on the part of Corizon or advanced nurse practitioners *463 Connie Hubbard and Estella Murray. 2 See Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir. 2009) (standard of review); Frevert v. Ford Motor Co., 614 F.3d 466, 473-74 (8th Cir. 2010) (nonmov-ing party must substantiate allegations with sufficient probative evidence that would allow finding in his favor); Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (deliberate indifference, which is akin to criminal negligence, requires more than negligent misconduct); Crumpley-Patterson v. Trinity Lutheran Hosp., 388 F.3d 588, 590-91 (8th Cir. 2004) (corporate liability under § 1983).
The judgment is affirmed.
. The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kear-ney, United States Magistrate Judge for the Eastern District of Arkansas.
. Butler waived his claims against the other medical professionals he named. See Freitas v. Wells Fargo Home Mortg., Inc., 703 F.3d 436, 438 n. 3 (8th Cir. 2013).
Reference
- Full Case Name
- James E. BUTLER, Plaintiff-Appellant v. Connie HUBBARD, APN, Varner Unit, ADC; Jacqueline Carswell, APN, Varner Unit, ADC; Massey, Dr., Varner Unit, ADC; Anderson, Dr., Varner Unit, ADC; Estella Murray, Nurse Practitioner, Cummins Unit, ADC; Corizon, Defendants-Appellees
- Status
- Unpublished