Boyd v. Rechcigl

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

MICHAEL BOYD PLAINTIFF ADC #115890

v. No. 4:20-cv-129-DPM-JJV GREG RECHEIGL, Health Services Administrator, East Arkansas Regional Unit, et al. DEFENDANTS

ORDER On de novo review, the Court adopts Magistrate Judge Volpe’s recommendation, Doc. 59, as supplemented and overrules Boyd's objections, Doc. 60. FED. R. CIV. P. 72(b)(3). In some cases, plaintiffs can recover nominal damages for violations of their rights, even in the absence of harm or injury. Carey v. Piphus, 435 U.S. 247, 266 (1978). In Eighth Amendment cases, though, a plaintiff must prove “pain, misery, anguish or similar harm[.]” Cowans v. Wyrick, 862 F.2d 697, 700 (8th Cir. 1988); see also EIGHTH CIRCUIT MODEL CIVIL INSTRUCTIONS 4.43 & n.5. That is because “only the unnecessary and wanton infliction of pain” amounts to cruel and unusual punishment. Cowans, 862 F.2d at 699 (quotation omitted). Boyd hasn’t plausibly alleged any harm or injury resulting from Dr. Breving’s medical advice — which Boyd has declined

to follow. Dr. Breving’s motion to dismiss, Doc. 49, is therefore granted. Boyd’s claim against him is dismissed without prejudice. So Ordered. Aol D.P. Marshall Jr. United States District Judge A Seofenihyr 20%D

_2-