James Raper, Jr. v. Mark Gober

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 26, 2023
• Docket: 23-1331
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1331 ___________________________

James M. Raper, Jr.

lllllllllllllllllllllPlaintiff - Appellant

v.

Mark Gober; Drew County Detention Center; Does, All Guards and Employees of Drew County Detention Center; Susan Potts, Ambassador Drew County Jail; Robert Akin, Drew County Judge

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Eastern District of Arkansas - Central ____________

Submitted: June 16, 2023 Filed: June 26, 2023 [Unpublished] ____________

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

PER CURIAM.

James Raper, Jr., appeals the grant of summary judgment to jail officials who allegedly delayed medical treatment for a spider bite and turned off the water to the toilet in his cell. Having carefully reviewed the record 1 and the parties’ arguments on appeal, we conclude that no material facts are in dispute and the officials are entitled to judgment as a matter of law. See Johnson v. Leonard, 929 F.3d 569, 574– 75 (8th Cir. 2019) (reviewing a grant of summary judgment de novo and explaining that a deliberate-indifference claim requires showing that the “defendants knew of” an objectively serious medical need “yet deliberately disregarded it” (citation omitted)); Smith v. Copeland, 87 F.3d 265, 268–69 (8th Cir. 1996) (holding that four days in a cell with raw sewage from an overflowed toilet was not “cruel and unusual punishment”). We accordingly affirm the judgment of the district court.2 See 8th Cir. R. 47B. ______________________________

1 We deny the pending motion to present evidence. See Fed. R. App. P. 10(a)(1) (making district-court exhibits part of the record on appeal). 2 The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Edie R. Ervin, United States Magistrate Judge for the Eastern District of Arkansas.

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