Antwan Daniels v. Prentice Benston

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion. Originating case number: 5:13-ct-03286-FL Copies to all parties and the district court/agency. [999916976]. Mailed to: A. Daniels. [16-6327]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6327

ANTWAN DANIELS,
Plaintiff - Appellant,
and
JAMES C. WILLIS; ELDRON C. LEWIS; MELTON M. MELVIN,
Plaintiffs,
v.
PRENTICE BENSTON; PHIL CORBETT,
Defendants - Appellees,
and
RODNEY HESTER; BENNY LENNON; DONNIE ALMAN,
Defendants.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:13-ct-03286-FL)

Submitted:

July 28, 2016

Decided:

Before SHEDD, FLOYD, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

August 25, 2016

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Antwan Daniels, Appellant Pro Se.
Christopher J. Geis, WOMBLE
CARLYLE SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Antwan Daniels appeals the district court’s order granting
summary

judgment

to

Appellees

and

dismissing

his

42

U.S.C.

§ 1983 (2012) action claiming a delay in treatment with respect
to a shoulder injury and unsanitary conditions in the Bladen
County Jail (BCJ).
We have reviewed the record and find no reversible error.
We conclude that the district court did not reversibly err in
granting summary judgment to Appellee Benston on Daniels’ claim
against him for deliberate indifference to serious medical needs
because there is no record evidence tending to suggest or show
that

Benston

knew

of

and

disregarded

an

excessive

Daniels’ health during his stay in the BCJ.
Lightsey, 775 F.3d 170, 178 (4th Cir. 2014).

risk

to

See Jackson v.

To the extent that

Daniels sought to hold Benston liable in a supervisory capacity,
the

lack

of

any

record

evidence

tending

to

suggest

or

show

knowledge by Benston that any subordinate of his was engaged in
conduct

posing

constitutional
See Shaw

v.

a

pervasive

injury

to

Stroud,

13

and

Daniels
F.3d

unreasonable

is

fatal

791,

799

to

such

(4th

risk
a

Cir.

of

claim.
1994).

We therefore affirm the district court’s ruling granting summary
judgment to Benston in this regard.

See Bryant v. Bell Atl.

Md., Inc., 288 F.3d 124, 132 (4th Cir. 2002).
the

district

court’s

remaining
3

rulings,

we

With respect to
affirm

for

the

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reasons

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stated

by

the

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district

court.

Daniels

v.

Benston,

No. 5:13-ct-03286-FL (E.D.N.C. Jan. 21, 2016).
We grant Daniels’ motions to supplement informal brief, to
submit

corrective

emotional injury.

information,

and

to

supplement

mental

or

With respect to Daniels’ motion to submit

letter evidence and for judgment, we grant the motion in part
and

deny

it

in

part,

granting

the

request

to

evidence but denying the request for judgment.
motions

to

appoint

counsel,

for

a

submit

letter

We deny Daniels’

transcript

at

government

expense, for a default judgment, to compel document production,
for entry of default, for a permanent injunction, for discovery
materials, to reverse the district court’s ruling, and to add a
negligence claim.
excess briefs.

We also deny Appellees’ motions to strike

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials
before

this

court

and

argument

would

not

aid

the

decisional

process.
AFFIRMED

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