Jerry Champion v. Wendy Kelley

495 F. App'x 769

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 26, 2012
• Docket: 12-1419
• Status: Unpublished

Opinion

PER CURIAM.

After Arkansas Department of Correction (ADC) inmate Jerry Champion did not receive two of three daily doses of pain medication on January 26, 2010, he filed this 42 U.S.C. § 1988 action asserting claims of deliberate indifference to his serious medical needs against the nurse who dispensed his medication, the infirmary director, and ADC’s Deputy Director of Health. The district court 1 granted defendants’ motions for summary judgment, and Champion appeals.

Following de novo review, see Beaulieu v. Ludeman, 690 F.3d 1017, 1024 (8th Cir. 2012), we agree with the district court that Champion’s deliberate-indifference claims fail, because the record established there was no indifference to a serious medical need, much less deliberate indifference. See Estelle v. Gamble, 429 U.S. 97, 104-05, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (deliberate indifference includes intentional interference with prescribed treatment; inadvertent or negligent failure to provide adequate medical care cannot be said to constitute “unnecessary and wanton infliction of pain”); Luckert v. Dodge Cnty., 684 F.3d 808, 817 (8th Cir.2012) (prison supervisors are not liable under § 1983 on re-spondeat superior theory), petition for cert. filed, (Oct 24, 2012) (No. 12-523); Gardner v. Howard, 109 F.3d 427, 430 (8th Cir.1997) (no § 1983 liability for violation of prison policy).

Accordingly, we affirm, see 8th Cir. R. 47B, and we deny all of the pending motions.

1 . The Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).