Deverick Scott v. Danny Burl

653 F. App'x 855

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 9, 2016
• Docket: 15-3578
• Status: Unpublished

Opinion

PER CURIAM.

• Arkansas inmate Deverick Scott brought a 42 U.S.C. § 1983 action against East Arkansas Regional Unit officials and staff, and other parties, based on an altercation with Lieutenant Tyrone Washington, and the medical care that Scott received thereafter. The district court 1 dismissed some parties, granted summary judgment for others, held a bench trial as to the remaining defendants, and entered final judgment. Scott appeals, raising arguments both as to the grant of summary judgment and the bench trial. We affirm.

As to the grant of summary judgment, upon careful de novo review, see Chambers v. Pennycook, 641 F.3d 898, 904 (8th Cir. 2011), we agree with the district court that Scott’s failure-to-supervise claims failed. See Parrish v. Ball, 594 F.3d 993, 1001-02 (8th Cir. 2010) (discussing supervisor liability); Lenz v. Wade, 490 F.3d 991, 995-96 (8th Cir. 2007) (single incident usually provides insufficient basis upon which to assign supervisor liability). We also agree that none of the medical defendants exhibited deliberate indifference to Scott’s serious medical needs. See Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir. 1997) (discussing deliberate indifference). We conclude, therefore, that the grant of summary judgment was proper. As to Scott’s arguments directed at the bench trial, we cannot conduct meaningful review because he failed to provide a trial transcript. See Fed. R. App. P. 10(b); Kelly v. Omaha Housing Authority, 721 F.3d 560, 562 (8th Cir. 2013), cert. denied, — U.S. —, 134 S.Ct. 1010, 187 L.Ed.2d 857 (2014).

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable D.P. Marshall, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas.