Jerry Champion v. Wendy Kelley, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Steven M. Colloton (UNPUBLISHED) All pending motion are denied. [3929785-2] [3936326-2] [3944847-2] [3941137-2] [3988097] [12-1419]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-1419
___________________________
Jerry Champion,
lllllllllllllllllllll Plaintiff - Appellant,
v.
Wendy Kelley, Deputy Director of Health, Arkansas Department of Correction;
Walter Holloway, Infirmary Manager, East Arkansas Regional Unit, ADC;
Amanda Norman, Nurse, East Arkansas Regional Unit, ADC,
lllllllllllllllllllll Defendants - Appellees.
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Helena
____________
Submitted: December 4, 2012
Filed: December 26, 2012
[Unpublished]
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Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.
After Arkansas Department of Correction (ADC) inmate Jerry Champion did
not receive two of three daily doses of pain medication on January 26, 2010, he filed
this 42 U.S.C. § 1983 action asserting claims of deliberate indifference to his serious

Appellate Case: 12-1419

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Date Filed: 12/26/2012 Entry ID: 3988097

medical needs against the nurse who dispensed his medication, the infirmary director,
and ADC’s Deputy Director of Health. The district court1 granted defendants’
motions for summary judgment, and Champion appeals.
Following de novo review, see Beaulieu v. Ludeman, 690 F.3d 1017, 1024 (8th
Cir. 2012), we agree with the district court that Champion’s deliberate-indifference
claims fail, because the record established there was no indifference to a serious
medical need, much less deliberate indifference. See Estelle v. Gamble, 429 U.S. 97,
104-05 (1976) (deliberate indifference includes intentional interference with
prescribed treatment; inadvertent or negligent failure to provide adequate medical
care cannot be said to constitute “unnecessary and wanton infliction of pain”); Luckert
v. Dodge Cnty., 684 F.3d 808, 817 (8th Cir. 2012) (prison supervisors are not liable
under § 1983 on respondeat superior theory), petition for cert. filed, (Oct 24, 2012)
(No. 12-523); Gardner v. Howard, 109 F.3d 427, 430 (8th Cir. 1997) (no § 1983
liability for violation of prison policy).
Accordingly, we affirm, see 8th Cir. R. 47B, and we deny all of the pending
motions.
______________________________

1

The Honorable Jerome T. Kearney, United States Magistrate Judge for the
Eastern District of Arkansas, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
-2-

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Date Filed: 12/26/2012 Entry ID: 3988097