Michael Finnegan v. Dr. Maire Unknown Nurse Gale Bailey E. Jackson Dr. Harrod

Eighth Circuit

Michael Finnegan v. Dr. Maire Unknown Nurse Gale Bailey E. Jackson Dr. Harrod

405 F.3d 694, 2005 U.S. App. LEXIS 7275, 2005 WL 975667

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 28, 2005

Docket04-4200

StatusPublished

Cited by5 cases

This text of 405 F.3d 694 (Michael Finnegan v. Dr. Maire Unknown Nurse Gale Bailey E. Jackson Dr. Harrod) 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.

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Michael Finnegan v. Dr. Maire Unknown Nurse Gale Bailey E. Jackson Dr. Harrod, 405 F.3d 694, 2005 U.S. App. LEXIS 7275, 2005 WL 975667 (8th Cir. 2005).

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PER CURIAM.

Inmate Michael Finnegan appeals from the district court’s¹ 28 U.S.C. § 1915(e)(2)(B) preservice dismissal of his 42 U.S.C. § 1983 lawsuit against Drs. Maire, Harrod, and Jackson (dentists); Gale Bailey; and an unknown nurse at the correctional center. Mr. Finnegan claimed Eighth Amendment violations based on complications related to a June 2002 tooth extraction.

We grant leave to appeal in forma pauperis, and we affirm the dismissal. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.2000) (per curiam) (de novo standard of review). The complaint contains no allegations against Dr. Jackson or Gale Bailey; and allegations of the unknown nurse’s mere assistance to Dr. Maire during the extraction, and Dr. Harrod’s later failure to see that Mr. Finnegan received a partial plate he had prescribed, are insufficient bases for Eighth Amendment claims. See Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir.2000) (discussing requirements for Eighth Amendment claim).

As to Dr. Maire, Mr. Finnegan alleged that Dr. Maire was not qualified as an oral surgeon, that he failed to recognize he had punctured an artery, and that, despite Mr. Finnegan’s extensive bleeding, Dr. Maire merely sutured and covered the area where he had removed two teeth. However, as the district court pointed out, Mr. Finnegan’s complaint also stated that after the procedure, Dr. Maire indicated the procedure had been a difficult one and placed Mr. Finnegan in [696]*696another chair for observation. When Mr. Finnegan became dizzy, he was taken to the prison’s emergency room and then to a local hospital. We agree with the district court that the alleged actions of Dr. Maire do not rise to the level of deliberate indifference. See Bender v. Regier, 385 F.3d 1133, 1137 (8th Cir.2004) (“Deliberate indifference entails a level of culpability equal to the criminal law definition of recklessness, that is, a prison official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.”); Jolly, 205 F.3d at 1096 (holding that a “prisoner must show more than negligence, more even than gross negligence” to prevail on an Eighth Amendment claim). While Mr. Finnegan’s allegations may have stated a claim for negligence or gross negligence, they did not state a claim for deliberate indifference.

Accordingly, we affirm.

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PER CURIAM.

Inmate Michael Finnegan appeals from the district court’s¹ 28 U.S.C. § 1915(e)(2)(B) preservice dismissal of his 42 U.S.C. § 1983 lawsuit against Drs. Maire, Harrod, and Jackson (dentists); Gale Bailey; and an unknown nurse at the correctional center. Mr. Finnegan claimed Eighth Amendment violations based on complications related to a June 2002 tooth extraction.

We grant leave to appeal in forma pauperis, and we affirm the dismissal. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.2000) (per curiam) (de novo standard of review). The complaint contains no allegations against Dr. Jackson or Gale Bailey; and allegations of the unknown nurse’s mere assistance to Dr. Maire during the extraction, and Dr. Harrod’s later failure to see that Mr. Finnegan received a partial plate he had prescribed, are insufficient bases for Eighth Amendment claims. See Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir.2000) (discussing requirements for Eighth Amendment claim).

As to Dr. Maire, Mr. Finnegan alleged that Dr. Maire was not qualified as an oral surgeon, that he failed to recognize he had punctured an artery, and that, despite Mr. Finnegan’s extensive bleeding, Dr. Maire merely sutured and covered the area where he had removed two teeth. However, as the district court pointed out, Mr. Finnegan’s complaint also stated that after the procedure, Dr. Maire indicated the procedure had been a difficult one and placed Mr. Finnegan in [696]*696another chair for observation. When Mr. Finnegan became dizzy, he was taken to the prison’s emergency room and then to a local hospital. We agree with the district court that the alleged actions of Dr. Maire do not rise to the level of deliberate indifference. See Bender v. Regier, 385 F.3d 1133, 1137 (8th Cir.2004) (“Deliberate indifference entails a level of culpability equal to the criminal law definition of recklessness, that is, a prison official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.”); Jolly, 205 F.3d at 1096 (holding that a “prisoner must show more than negligence, more even than gross negligence” to prevail on an Eighth Amendment claim). While Mr. Finnegan’s allegations may have stated a claim for negligence or gross negligence, they did not state a claim for deliberate indifference.

Accordingly, we affirm.

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405 F.3d 694, 2005 U.S. App. LEXIS 7275, 2005 WL 975667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-finnegan-v-dr-maire-unknown-nurse-gale-bailey-e-jackson-dr-ca8-2005.

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