SCOTT v. VSM VSM (2020)

United States Court of Appeals, Eighth Circuit.

Deverick SCOTT Plaintiff - Appellant v. Wendy KELLEY, Former Director, ADC; Dexter Payne, Director, ADC Defendants Rory Griffin, Asst. Director, ADC (originally named as Roy Griffin); Correct Care Solutions Defendants - Appellees Cashion, Warden, Varner Supermax Unit; Floyd McHan, “Tony” Asst. Warden, Varner Supermax Unit Defendants Jason Kelly, DHN, Varner Supermax Unit Defendant - Appellee Does, All Officers, Varner Unit; Gibson, Warden, VSM Unit Defendants Dr. Stringfellow, Dentist, VSM Unit; James Dove, Dentist, VSM Unit (originally named as Drove) Defendants - Appellees

No. 20-1638

Decided: October 09, 2020

Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges.

Deverick Scott, Pro Se Kesia Morrison, Assistant Attorney General, Attorney General's Office, Little Rock, AR, for Defendant-Appellee Rory Griffin Brent J. Eubanks, Humphries & Odum, Little Rock, AR, for Defendant-Appellee Correct Care Solutions, Jason Kelly, Dr. Stringfellow, James Dove

[Unpublished]

In this 42 U.S.C. § 1983 action, Arkansas inmate Deverick Scott appeals the district court's ¹ adverse grant of summary judgment. Upon de novo review, we agree with the district court that defendants were entitled to summary judgment. See Schoelch v. Mitchell, 625 F.3d 1041, 1045-46 (8th Cir. 2010) (holding that in reviewing grant of summary judgment, this court construes the evidence in a light most favorable to the nonmovant, drawing all reasonable inferences in his favor); see also Allard v. Baldwin, 779 F.3d 768, 771-72 (8th Cir. 2015) (recognizing that to prevail on a deliberate-indifference claim, the inmate must show more than even gross negligence and demonstrate a mental state akin to criminal negligence: disregarding a known risk to the inmate's health). The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.

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