Owen Hinkson v. David Rahbany

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 6, 2022
• Docket: 22-1720
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-1720 ___________________________

Owen Garth Hinkson

lllllllllllllllllllllPlaintiff - Appellant

v.

David Rahbany, Chief Deputy U.S. Marshal, Eastern District of Kentucky; Daniel Gough, Deputy U.S. Marshal

lllllllllllllllllllllDefendants - Appellees ____________

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

Submitted: October 3, 2022 Filed: October 6, 2022 [Unpublished] ____________

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

PER CURIAM.

Owen Hinkson appeals the district court’s1 grant of summary judgment to two United States Marshals on his Eighth Amendment claim. Having carefully reviewed

1 The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendation of the Honorable the record and the parties’ arguments on appeal, we conclude there are no material facts in dispute and that the defendants are entitled to judgment as a matter of law.2 See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (reviewing a grant of summary judgment de novo); Kulkay v. Roy, 847 F.3d 637, 643 (8th Cir. 2017) (noting that negligence does not rise to the level of “deliberate indifference”). We accordingly affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________

Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas. 2 We also deny the motion to supplement the record. -2-