DAVIS v. KELLEY ADC (2018)

[Unpublished]

Arkansas inmate Carl Davis, Jr. appeals the district court’s ¹ adverse summary judgment decision in his pro se 42 U.S.C. § 1983 action. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that the district court’s decision was proper. See Dulany v. Carnahan, 132 F.3d 1234, 1237, 1240-41 (8th Cir. 1997) (de novo standard of review; to prove deliberate indifference to serious medical need, inmate must show that treatment was so inappropriate as to evidence intentional maltreatment or refusal to provide essential care); see also Jackson v. Riebold, 815 F.3d 1114, 1119-20 (8th Cir. 2016) (to prevail on claim that delay in medical care constituted cruel and unusual punishment, inmate must place verifying medical evidence in record to establish detrimental effect of delay in medical treatment); Luckert v. Dodge Cty., 684 F.3d 808, 817 (8th Cir. 2012) (officials can be held liable only for their own unconstitutional conduct, or when their corrective inaction amounts to deliberate indifference to or tacit authorization of unconstitutional practices); Lewis v. Jacks, 486 F.3d 1025, 1028-29 (8th Cir. 2007) (to prove retaliation claim, inmate must show that retaliation was actual motivating factor for prison official’s adverse action).

Accordingly, we affirm the judgment. See 8th Cir. R. 47B. We also deny Davis’s motion for appointment of counsel.

FOOTNOTES

1.   The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.