James Hill v. Dave Dormire

225 F. App'x 416

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 30, 2007
• Docket: 06-2294
• Status: Unpublished

Opinion

PER CURIAM.

James Hill, a Missouri inmate, appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action against Dave Dormiré, former superintendent at Missouri State Penitentia ry (MSP). We grant Hill leave to proceed in forma pauperis on appeal.

Hill alleged that he had been exposed to a number of dangerous environmental conditions at MSP which had caused skin problems, stomach pain, nausea, diarrhea and vomiting. Having carefully reviewed the record, we agree with the district court that Hill offered no evidence that any medical problem he suffered was attributable to the alleged conditions and no evidence that Dormiré was deliberately indifferent to a substantial risk of serious harm to him or other inmates. See Choate v. Lockhart, 7 F.3d 1370, 1373-74 (8th Cir.1993) (to establish Eighth Amendment violation, prisoner must show that alleged condition was objectively sufficiently serious and that prison officials’ actions subjectively demonstrated deliberate indifference to prisoner’s health or safety). Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri.