U.S. Court of Appeals for the Eighth Circuit, 2023

Eddie Garey, Jr. v. Rhonda Langley

Eddie Garey, Jr. v. Rhonda Langley
U.S. Court of Appeals for the Eighth Circuit · Decided October 11, 2023

Eddie Garey, Jr. v. Rhonda Langley

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-3147 ___________________________ Eddie Milton Garey, Jr., also known as Negro Garey, lllllllllllllllllllllPlaintiff - Appellant, v. Rhonda Langley, RN, FCC; Rosemary Stiles, Physicians Asst, FCCC; P. Benson, CO, FCCC; Stacey Hill, Medical Technician, FCCC (originally named as Hill); Quinton White, Officer; FCCC (originally named as Q White); J. Lambert, CO, FCCC; Breanna Lonero, Lt, FCCC (Originally named as Lonero); Michael Kruger, AHSA, FCCC (originally named as Krueger); Aaron Ward, CO, FCCC (Originally named as Ward); Jeremy Lindley, CO, FCCC (originally named as J Lindley); Gene Beasley, Warden, FCCC; Joseph Peeler, Correctional Officer, FCCC (originally named as Peeler); United States of America; D. Riggs, CO, FCCC; Larry Miller, CO, FCCC (originally named as L Miller); Clifford Nichols, CO, FCCC (Originally named as John Doe; previously named as C Nichols), lllllllllllllllllllllDefendants - Appellees. ____________ Appeal from United States District Court for the Eastern District of Arkansas - Delta ____________ Submitted: October 5, 2023 Filed: October 11, 2023 [Unpublished] ____________ Before COLLOTON, GRUENDER, and ERICKSON, Circuit Judges. ____________ PER CURIAM.

Eddie Garey appeals a judgment against him on claims under the Federal Tort Claims Act (FTCA), the Americans with Disabilities Act, and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). On careful review, we conclude that the district court1 did not err in granting partial summary judgment in favor of the defendants. The court also did not abuse its discretion in denying Garey’s motions for appointment of counsel and for sanctions, or in awarding damages on the FTCA negligence claim decided in Garey’s favor. We also see no abuse of discretion in the district court’s denial of Garey’s post-judgment motion under Federal Rules of Civil Procedure 59(e) and 60(b). The judgment is affirmed.

See 8th Cir. R. 47B. Garey’s pending motions are denied. ______________________________

The Honorable Lee P. Rudofsky, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas.

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