Deverick Scott v. Wendy Kelley

U.S. Court of Appeals for the Eighth Circuit

Deverick Scott v. Wendy Kelley

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1638 ___________________________

Deverick Scott

lllllllllllllllllllllPlaintiff - Appellant

v.

Wendy Kelley, Former Director, ADC; Dexter Payne, Director, ADC

lllllllllllllllllllllDefendants

Rory Griffin, Asst. Director, ADC (originally named as Roy Griffin); Correct Care Solutions

lllllllllllllllllllllDefendants - Appellees

Cashion, Warden, Varner Supermax Unit; Floyd McHan, "Tony" Asst. Warden, Varner Supermax Unit

lllllllllllllllllllllDefendants

Jason Kelly, DHN, Varner Supermax Unit

lllllllllllllllllllllDefendant - Appellee

Does, All Officers, Varner Unit; Gibson, Warden, VSM Unit

lllllllllllllllllllllDefendants Dr. Stringfellow, Dentist, VSM Unit; James Dove, Dentist, VSM Unit (originally named as Drove)

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________

Submitted: October 5, 2020 Filed: October 9, 2020 [Unpublished] ____________

Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges. ____________

PER CURIAM.

In this 42 U.S.C. § 1983 action, Arkansas inmate Deverick Scott appeals the district court’s1 adverse grant of summary judgment. Upon de novo review, we agree with the district court that defendants were entitled to summary judgment. See Schoelch v. Mitchell, 625 F.3d 1041, 1045-46 (8th Cir. 2010) (holding that in reviewing grant of summary judgment, this court construes the evidence in a light most favorable to the nonmovant, drawing all reasonable inferences in his favor); see also Allard v. Baldwin, 779 F.3d 768, 771-72 (8th Cir. 2015) (recognizing that to prevail on a deliberate-indifference claim, the inmate must show more than even gross

1 The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas.

-2- negligence and demonstrate a mental state akin to criminal negligence: disregarding a known risk to the inmate’s health). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

-3-

Reference

Status
Unpublished