United States Eighth Circuit

In an action involving prisoner civil rights, district court's grant of defendant's motion for summary judgment is affirmed where: 1) medical supervisor's decision to delay x-ray was at worst negligence, and did not reflect the deliberate indifference necessary to prove a constitutional violation; 2) plaintiff failed to establish that defendant had a policy or custom of deliberate indifference to medical needs that was constitutionally inadequate; and 3) employee's testimony concerning shortfalls in the provision of medical care was insufficient to establish the kind of pervasive pattern of constitutional violations required to create liability.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jill Eleanor Clark, argued, Minneapolis, MN, for Appellant.


• For Appellees:
  
• Toni Ann Beitz, argued, Minneapolis, MN, for Appellee.