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United States Court of Appeals, Eighth Circuit.

Dale E. BRYANT Plaintiff-Appellant v. Nurse DENHAM, Correct Care Solutions Pill Nurse Defendant-Appellee

No. 18-1440

Decided: December 11, 2018

Before KELLY, GRASZ, and STRAS, Circuit Judges. Dale E. Bryant, Pro Se Michelle Banks Odum, Humphries & Odum, Little Rock, AR, for Defendant-Appellee


Arkansas inmate Dale Bryant appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action against prison nurse Jonathan Denham, in which he alleged Denham was deliberately indifferent to his serious medical needs by delaying administration of injectable anti-nausea and pain medication. After careful de novo review, construing the record in the light most favorable to Bryant and drawing all reasonable inferences therefrom in his favor, see Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (standard of review), we agree with the district court that Bryant did not show Denham was deliberately indifferent to his serious medical needs, see Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (deliberate indifference is akin to criminal recklessness and demands more than even gross negligence).

Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.


1.   The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas, adopting the report and recommendation of the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.


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