Sylvester Barbee v. Cheri Ellis

694 F. App'x 451

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 28, 2017
• Docket: 16-3009
• Status: Unpublished

Opinion

PER CURIAM.

Sylvester Barbee appeals from the order of the District Court 1 granting summary judgment to defendants Cheri Ellis and Audrea Weekly in Barbee’s 42 U.S.C. § 1983 action arising from conditions of his confinement while he was held at the Cum- mins Unit. 2 We agree with the district court that even assuming Barbee was incarcerated under conditions that amounted to a substantial risk of harm, he has shown no jury issue whether these defendants were deliberately indifferent to that risk. See Kulkay v. Roy, 847 F.3d 637, 643 (8th Cir. 2017) (noting that an official is deliberately indifferent if she fails to respond reasonably to a known substantial risk); see also Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (reviewing an order granting summary judgment de novo). We affirm the judgment.

2 . Barbee has waived his remaining claims by failing to brief them. See Dick v. Dickinson State Univ., 826 F.3d 1054, 1058 n.2 (8th Cir. 2016).

1 . The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry W. Cava-neau, United States Magistrate Judge for the Eastern District of Arkansas.