Andre Porter v. St. Louis County, Missouri, et al
Filing
PER CURIAM OPINION FILED - THE COURT: PASCO M. BOWMAN, JAMES B. LOKEN and DUANE BENTON (UNPUBLISHED); denying [3726429-2] motion for appointment of counsel filed by Appellant Mr. Andre Porter. [3742265] [10-3324]
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-3324
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Andre Porter,
Appellant,
v.
St. Louis County, Missouri; St. Louis
County Health Department; Unknown
Rotnick, St. Louis County Health
Department, Individually and
Officially; Unknown Todd, Doctor,
St. Louis County Health Department,
Individually and Officially; Rita
Hendrick, Nursing Supervisor, St.
Louis County Health Department,
Individually and Officially; Deb
Kinder, Head Nurse, St. Louis County
Health Department, Individually and
Officially; R.N. Jane Unknown,
Nurse, St. Louis County Health
Department, Individually and
Officially; Hector Sanchez, Nurse,
St. Louis County Health Department,
Individually and Officially; Kate
Rudisill, Nurse, St. Louis County
Health Department, Individually and
Officially; Gary Preston, St. Louis
County Health Department,
Individually and Officially; Henry
Willis, Correctional Officer, St. Louis
County Justice Center, Individually
Appellate Case: 10-3324
Page: 1
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Appeal from the United States
District Court for the Eastern
District of Missouri.
[UNPUBLISHED]
Date Filed: 01/07/2011 Entry ID: 3742265
and Officially; Tina Hahler,
Caseworker, St. Louis County
Justice Center, Individually and
Officially; Alexis Woods,
Correctional Officer, St. Louis
County Justice Center, Individually
and Officially; Al Breeding, Unit
Manager, St. Louis County Justice
Center, Individually; Charles Dooley,
County Executive, Officially; Roy
Mueller, Director of Justice Services,
Individually,
Appellees.
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Submitted: January 4, 2011
Filed: January 7, 2011
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Before LOKEN, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Andre Porter appeals the adverse grant of summary judgment entered by the
District Court1 in this 42 U.S.C. § 1983 action. Having conducted de novo review of
the record and viewing the evidence in the light most favorable to Porter, see Mason
v. Corr. Med. Servs., Inc., 559 F.3d 880, 884–85 (8th Cir. 2009) (standard of review),
we cannot say that defendants’ conduct rose to the level of deliberate indifference
within the meaning of applicable case law, see Langford v. Norris, 614 F.3d 445,
459–60 (8th Cir. 2010). We also conclude that the District Court did not improperly
1
The Honorable E. Richard Webber, United States District Judge for the Eastern
District of Missouri.
-2-
Appellate Case: 10-3324
Page: 2
Date Filed: 01/07/2011 Entry ID: 3742265
consider the affidavits that were notarized by defense counsel, and did not abuse its
discretion in declining to appoint counsel. Accordingly, we affirm, see 8th Cir. R.
47B, and we deny Porter’s motion for counsel.
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Appellate Case: 10-3324
Page: 3
Date Filed: 01/07/2011 Entry ID: 3742265
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