Marvel Jones v. Craig Gilsdore

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 16, 2024
• Docket: 23-1844
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1844 ___________________________

Marvel Jones

lllllllllllllllllllllPlaintiff - Appellant

v.

Craig Gilsdore, Agreement Administrator, Special Services Unit for Nebraska Department of Correction Services, in his individual capacity; Dr. Agnes M. Stanis, PH.D. for Nebraska Department of Correction Services, in her individual capacity; Sheriff Officer Unknown; City of Lincoln; One Unknown Police Officer; Two Unknown Police Officers; Brad Johnson, Director of Lancaster County Correction Department; Terry Wagner, Sheriff of Lancaster County, Nebraska; Timothy F. Dunning, Sheriff of Lancaster County or Douglas County Nebraska; Brenda Jones, Sheriff of Lancaster County or Douglas County Nebraska; Kristi J. Egger, Deputy Public Defender for Lancaster County; Joe Negro, Chief Public Defender for Lancaster County, Nebraska; Debera K. Lynford, Lancaster County Board of Mental Health Chairperson; Mary K. Guinn, Member of Lancaster County Board of Mental Health; Dr. Mark Vanghin, Member of Lancaster County Board of Mental Health; Dr. Robert Arias, Neuropsychology and Behavioral Medicine, PC; Kathy Herian, 3-East Unit Supervision at Norfolk Regional Center, in her individual capacity; Rosetta McAllister, R.N. at Norfolk Regional Center, in her individual capacity; Verlin Redlinger, Activity Assistant at Norfolk Regional Center, in his individual capacity; Cheryl Heismann, Social Worker at Norfolk Regional Center, in her individual capacity; Hannah Neal, Provisional Psychiatrist at Norfolk Regional Center, in her individual capacity; Mike Gettman, Psychiatrist and Social Worker at Norfolk Regional Center, in his individual capacity; Beverly J. Lueshen, Psychiatrist and Social Worker at Norfolk Regional Center, in her individual capacity; Todd Phelps, Psychiatrist and Social Worker at Norfolk Regional Center, in his individual capacity; Dannette Smith, Chief Executive Officer of the Nebraska Department of Health and Human Services, in her individual capacity; John Knoll, Facility Operating Officer at Norfolk Regional Center, in his individual capacity; Tom Barr, Director of Norfolk Regional Center, in his individual capacity; Kristine Boe Simmons, Director Clinical Program Manager at Norfolk Regional Center, in her individual capacity; Julie Redwing, Director of Nursing at Norfolk Regional Center, in her individual capacity; Dr. Jean Laing, Of Norfolk Regional Center Psychiatrist and Social Worker, in her individual capacity; Sheri Dawson, Behavioral Director at Nebraska Department of Health and Human Services, in her individual capacity; Mark Labouchadiere, Facility Director at Nebraska Department of Health and Human Services, in his individual capacity; Spence Propel, Director of Regional Centers of Nebraska, in his individual capacity; John Reynolds, In Charge of Regional Centers of Nebraska, Under Nebraska Department of Health and Human Services, in his individual capacity; Melanie J. Whittamore-Mantzios, Attorney at Wolfe Snowden Hurd Luers - Ahl LLP; Jane Does, Two (2) Unknown Female Employees at Norfolk Regional Center, in their individual capacities; Tabitha Waggoner, Therapist and Social Worker at Norfolk Regional Center, in her individual capacity; Brandi, Therapist and Social Worker at Norfolk Regional Center, in her individual capacity; Marshall, Therapist and Social Worker at Norfolk Regional Center, in his individual capacity; Shannon, Therapist and Social Worker at Norfolk Regional Center, in her individual capacity; Amanda Holmgreen, Contractor Therapist at Norfolk Regional Center, in her individual capacity; Kim Ellenbergee, Provisional Therapist at Norfolk Regional Center, in her individual capacity; Candi, Director of Personal Development Department at Norfolk Regional Center, in her individual capacity; Steve Lindstadt, Activity Assistant of Personal Development Department at Norfolk Regional Center, in his individual capacity; Michelle Clark, Director of Personal Development Department at Norfolk Regional Center, in her individual capacity; Mrs Bonnie, Activity Assistant of Personal Development at Norfolk Regional Center, in her individual capacity; Dayna Busch, Activity Assistant of Personal Development at Norfolk Regional Center, in her individual capacity; Tracy Daake, Activity Assistant of Personal Development Department at Norfolk Regional Center, in her individual capacity; Megan Donavan, Psychiatrist and Counsel PH.D. at Norfolk Regional Center, in her individual capacity; Patricia Brand, Patient Services Department at Norfolk Regional Center, in her individual capacity; Miranda, Provisionally Licensed Group Facilitator and Social Worker at Norfolk Regional Center, in her individual capacity; Pattie, Chemical Dependence Group Facilitator at Norfolk Regional Center, in her individual capacity; Victor Vanfleet, Chemical Dependency Group Facilitator at Norfolk Regional Center, in his individual

-2- capacity; Dawn Collins, Registered Nurse at Norfolk Regional Center, in her individual capacity; Terri Bruegman, 3-East Unit Supervisor at Norfolk Regional Center, in her individual capacity; Travice, Patient Service at Norfolk Regional Center, in his individual capacity; Unknown Jane and John Does, Compliance Team 6 at Norfolk Regional Center, in their individual capacities; Lisa, Activity Assistant and Librarian Personal Development Department East at Norfolk Regional Center, in her individual capacity; Chris Luebe, Activity Assistant Personal Development Department East at Norfolk Regional Center, in his individual capacity; Ryan Wills, Activity Assistant Personal Development Department East at Norfold Regional Center, in his individual capacity; Unknown John Does, Security Specialist I's Ten (10) at Norfolk Regional Center, in their individual capacities; Unknown John & Jane Does, Security Specialist Technicians at Norfolk Regional Center in their individual capacities; Stephen O'Neill, M.D. at Norfolk Regional Center, in his individual capacity; Carol Ruge, in her individual capacity; Bonnie Bergland, in her individual capacity; Lisa Weible, in her individual capacity; Larry Sohler, in his individual capacity; Hunter Lewis, in his individual capacity; Brittany Marker, in her individual capacity; Matthew Lewis, in his individual capacity; Nancy Wragge, in her individual capacity; Unknown, Security Specialist IIs on 3-East, in their individual capacity; Unknown, Security Specialist IIs on 2-East in their individual capacity; Unknown, Security Specialist IIs on 3-West in their individual capacity; Security Team Members, in their individual capacity; Compliance Team Members, in their individual capacity; Kolten Newhalve, in his individual capacity; James Johnson, in his individual capacity; Tyler Stender, in his individual capacity; Chris Newhaus, in his individual capacity; Cameron Liewer, in his individual capacity; Edgar Olivan, in his individual capacity; Josh Dieterman, in his individual capacity; Corey Banks, in his individual capacity; Stephanie Owens, in her individual capacity; Don Whitmire, in his individual capacity; Drew English, in his individual capacity

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Nebraska - Omaha ____________

-3- Submitted: February 13, 2024 Filed: February 16, 2024 [Unpublished] ____________

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

PER CURIAM.

Marvel Jones appeals the district court’s1 orders dismissing some of his claims, and granting summary judgment for defendants on the remaining claims, in his pro se 42 U.S.C. § 1983 action. Having carefully reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. See Graham v. Barnette, 5 F.4th 872, 881 (8th Cir. 2021) (de novo review of grant of summary judgment); Stockley v. Joyce, 963 F.3d 809, 816 (8th Cir. 2020) (de novo review of order granting motion to dismiss); Kaden v. Slykhuis, 651 F.3d 966, 968 (8th Cir. 2011) (per curiam) (de novo review of dismissal under 28 U.S.C. § 1915).

The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable Brian C. Buescher, United States District Judge for the District of Nebraska.

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