United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2089 ___________________________

Derrick D. Fields

lllllllllllllllllllllPlaintiff - Appellant

v.

Correctional Officer Darnequious Evans, MCDC, also known as Correctional Officer Evans; Correctional Officer Kameron Dockery, also known as Correctional Officer Dockery; Nurse Steven King; Nurse Lisa Davidson; Nurse Chelsey Foster; Allan Hickerson, MCDC

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Western District of Arkansas - Texarkana ____________

Submitted: December 11, 2023 Filed: December 14, 2023 [Unpublished] ____________

Before GRUENDER, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM. Derrick Fields appeals the district court’s1 adverse grant of summary judgment in his pro se 42 U.S.C. § 1983 action. Reviewing de novo, we affirm. See Hall v. Higgins, 77 F.4th 1171, 1178 (8th Cir. 2023) (standard of review).

The correctional officer defendants are entitled to qualified immunity unless they exhibited “deliberate or callous indifference to [Fields’s] safety.” See Patterson v. Kelley, 902 F.3d 845, 851 (8th Cir. 2018) (internal quotation marks omitted). Summary judgment was appropriate on this count because Fields failed to raise a genuine dispute of material fact that the correctional officer defendants knew of and were deliberately indifferent to any danger posed to Fields. See Holden v. Hirner, 663 F.3d 336, 340-42 (8th Cir. 2011); see also Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir. 2002) (“We have held in several cases that qualified immunity for prison officials is appropriate when . . . [a] failure-to-protect claim arises from inmate injuries resulting from a surprise attack by another inmate.”).

The nurse defendants are entitled to summary judgment unless Fields can raise a genuine dispute of material fact that “(1) he suffered from an objectively serious medical need, and (2) defendants knew of the need yet deliberately disregarded it.” Hall, 77 F.4th at 1178. “[A] detainee’s mere disagreement with a medical professional’s treatment decisions, alone, is insufficient.” Id. at 1179. The nurse defendants evaluated Fields, responded to his requests, and provided him with medication. Although Fields may disagree with their treatment decisions, he has not raised a genuine dispute of material fact that he had an objectively serious medical need or that, even assuming arguendo he had such a need, it was deliberately disregarded.

1 The Honorable Susan O. Hickey, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.

-2- As Fields did not establish that any individual defendant committed a constitutional violation, we agree that summary judgment was proper on the official- capacity claims against all defendants. See Murray v. Lene, 595 F.3d 868, 873 (8th Cir. 2010).

We deny Fields’s pending motion and affirm. See 8th Cir. R. 47B. ______________________________

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