Billy Culbertson v. Jim Roberson, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) [4041744] [12-3133]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3133
___________________________
Billy N. Culbertson
lllllllllllllllllllll Plaintiff - Appellant
v.
Jim Roberson, Sheriff, Lonoke County Jail; Samantha Campbell, Jail
Administrator, Lonoke County Jail; Christine Munnerlyn, Administrator, Lonoke
County Jail
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: May 23, 2013
Filed: June 4, 2013
[Unpublished]
____________
Before LOKEN, MELLOY, and BENTON, Circuit Judges.
____________
PER CURIAM.
Arkansas inmate Billy N. Culbertson appeals the district court’s dismissal of
his 42 U.S.C. § 1983 damage action alleging deliberate indifference to his serious
medical and mental health needs while incarcerated as a pretrial detainee at the

Appellate Case: 12-3133

Page: 1

Date Filed: 06/04/2013 Entry ID: 4041744

Lonoke County Jail from September 2006 to January 2008. Following an evidentiary
hearing on the claim that he was overmedicated by jail staff under the supervision of
the County Sheriff during part of that period, at which numerous witnesses including
Culbertson and the defendant jailers testified, the magistrate judge issued proposed
findings and recommendations concluding that Culbertson failed to prove by a
preponderance of the evidence that defendants’ actions in dispensing Culbertson’s
prescribed medications were taken with deliberate indifference to his serious medical
needs. After Culbertson filed procedural and substantive objections to the magistrate
judge’s recommendations, the district court1 entered an Order dismissing the
complaint with prejudice, explaining:
After a review of those proposed findings and recommendations, and the
timely objections received thereto, as well as a de novo review of the
record, the Court adopts them in their entirety.
Culbertson appeals, raising the same issues asserted in his objections to the magistrate
judge’s proposed decision, and additional issues we decline to consider because they
are raised for the first time on appeal. After careful review of the evidentiary record
properly reviewed de novo by the district court, we agree with the court’s conclusion
that Culbertson failed to prove his allegations of deliberate indifference to serious
medical needs. Accordingly, we affirm.
_________________________

1

The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas, adopting the Proposed Findings and Recommendation of the
Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District
of Arkansas.
-2-

Appellate Case: 12-3133

Page: 2

Date Filed: 06/04/2013 Entry ID: 4041744