United States Eighth Circuit

In an action involving prisoner civil rights, district court's grant of defendant's summary judgment and refusal to set aside jury verdict is affirmed where: 1) there is no basis for an Eighth Amendment claim against co-defendant Campbell as there no admissible evidence that he was informed of plaintiff's serious medical need; 2) a reasonable juror could conclude that co-defendant Carter was not recklessly indifferent and actually believed that the risk of inaction was insubstantial or nonexistent; and 3) district court properly denied plaintiff's claim under the ADA as he failed to identify a particular benefit that co-defendant Missouri Dept. of Corrections denied him meaningful access to based on his disability.

Appellate Information

• Decided 03/24/2009
• Published 03/24/2009

Judges

• COLLOTON, Circuit Judge., Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jonathan David Valentino, argued, St. Louis, MO, for appellant.


• For Appellees:
  
• Dana C. Ceresia, Asst. Atty. Gen., argued, St. Louis, MO, for appellees James Carter and Missouri Dept. of Corrections., Adrian Phillip Sulser, argued, St. Louis, MO, Martin J. Buckley and David S. Davis, on the brief, for appellees Dr. Gary Campbell and Correctional Medical Services.