Leroy McCoy v. Max Mobley

Eighth Circuit

Leroy McCoy v. Max Mobley

65 F. App'x 582

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 6, 2003

Docket02-2966

StatusUnpublished

Cited by1 cases

This text of 65 F. App'x 582 (Leroy McCoy v. Max Mobley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leroy McCoy v. Max Mobley, 65 F. App'x 582 (8th Cir. 2003).

Pincite

Opinion

PER CURIAM.

In this interlocutory appeal, Arkansas inmate Leroy McCoy, a/k/a Malik A. Khabie, appeals the district court’s 1 final order granting summary judgment to defendant Max Mobley, the Arkansas Department of Correction Deputy Director. In McCoy’s 42 U.S.C. § 1983 complaint, he based his claim against Mobley, who is not a healthcare professional, on Mobley’s responses, or lack thereof, to McCoy’s grievances and letters about the allegedly inadequate medical care he was receiving. Having carefully reviewed the record, see Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (standard of review), we affirm.

We agree with the district court that McCoy failed to create a triable issue regarding his claim against Mobley. He offered nothing showing that Mobley was personally involved in his care, or that he facilitated, condoned, or ignored a known Eighth Amendment violation by prison medical staff. See Meloy v. Bachmeier, 302 F.3d 845, 849 (8th Cir.2002) (supervisory liability under § 1983; prison medical director who lacks medical expertise cannot be liable for treating staffs diagnostic decisions, and prison officials cannot substitute their judgment for medical professional’s prescription); Jolly, 205 F.3d at 1096 (for Eighth Amendment violation, inmate must show he had objectively serious medical need which prison officials knew of and deliberately ignored); Moody v. St. Charles County, 23 F.3d 1410, 1412 (8th Cir.1994) (to defeat summary judgment, party must substantiate allegations with sufficient probative evidence that would allow finding in his favor on more than mere speculation).

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

1

. The Honorable Henry L. Jones, Jr., 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).

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this interlocutory appeal, Arkansas inmate Leroy McCoy, a/k/a Malik A. Khabie, appeals the district court’s 1 final order granting summary judgment to defendant Max Mobley, the Arkansas Department of Correction Deputy Director. In McCoy’s 42 U.S.C. § 1983 complaint, he based his claim against Mobley, who is not a healthcare professional, on Mobley’s responses, or lack thereof, to McCoy’s grievances and letters about the allegedly inadequate medical care he was receiving. Having carefully reviewed the record, see Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (standard of review), we affirm.

We agree with the district court that McCoy failed to create a triable issue regarding his claim against Mobley. He offered nothing showing that Mobley was personally involved in his care, or that he facilitated, condoned, or ignored a known Eighth Amendment violation by prison medical staff. See Meloy v. Bachmeier, 302 F.3d 845, 849 (8th Cir.2002) (supervisory liability under § 1983; prison medical director who lacks medical expertise cannot be liable for treating staffs diagnostic decisions, and prison officials cannot substitute their judgment for medical professional’s prescription); Jolly, 205 F.3d at 1096 (for Eighth Amendment violation, inmate must show he had objectively serious medical need which prison officials knew of and deliberately ignored); Moody v. St. Charles County, 23 F.3d 1410, 1412 (8th Cir.1994) (to defeat summary judgment, party must substantiate allegations with sufficient probative evidence that would allow finding in his favor on more than mere speculation).

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

1

. The Honorable Henry L. Jones, Jr., 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).

Cite This Page — Counsel Stack

Bluebook (online)

65 F. App'x 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leroy-mccoy-v-max-mobley-ca8-2003.

Opinion

Related

Cite This Page — Counsel Stack