Jason Price v. Steve Larkins, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4008846] [12-2652]

United States Court of Appeals
For the Eighth Circuit
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No. 12-2652
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Jason Price
lllllllllllllllllllll Plaintiff - Appellant
v.
Steve Larkins, Warden, ERDCC, Individually; Larry Short, Functional Unit
Manager, ERDCC, Individually; Unknown Wescott, Sergeant, Correctional
Officer II, ERDCC, Individually; Unknown Miller, Correctional Officer I,
ERDCC, Individually; Unknown Holifield, Correctional Officer I, ERDCC,
Individually; Michelle Williford, Correctional Officer I, ERDCC, Individually
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: January 29, 2013
Filed: February 27, 2013
[Unpublished]
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Before BYE, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.

Appellate Case: 12-2652

Page: 1

Date Filed: 02/27/2013 Entry ID: 4008846

Inmate Jason Price appeals the district court’s1 adverse grant of summary
judgment in his 42 U.S.C. § 1983 action. Upon de novo review, see Whitson v. Stone
County Jail, 602 F.3d 920, 923 (8th Cir. 2010), we agree with the district court that
the record does not create a jury issue on whether defendants violated the Eighth
Amendment by failing to avert an attack that Price suffered at the hands of a fellow
inmate, see Young v. Selk, 508 F.3d 868, 871-72 (8th Cir. 2007) (under Eighth
Amendment’s prohibition against cruel and unusual punishment, prison officials must
take reasonable steps to guarantee inmate safety by protecting them from attacks by
other inmates). Because we agree with the court that the record does not establish an
Eighth Amendment violation, we need not address the issue of qualified immunity.
See Schmidt v. City of Bella Villa, 557 F.3d 564, 574 (8th Cir. 2009). The judgment
of the district court is affirmed.
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1

The Honorable Audrey G. Fleissig, United States District Judge for the
Eastern District of Missouri.
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Appellate Case: 12-2652

Page: 2

Date Filed: 02/27/2013 Entry ID: 4008846