U.S. Court of Appeals for the Eighth Circuit, 2014

James Butler v. Connie Hubbard

James Butler v. Connie Hubbard
U.S. Court of Appeals for the Eighth Circuit · Decided July 25, 2014 · Murphy, Bowman, Benton
572 F. App'x 462

James Butler v. Connie Hubbard

Opinion

PER CURIAM.

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.

1

. 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.

2

. 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).

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