Lisa Murphy v. Sheriff Chad Ledbetter, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Pasco M. Bowman and Steven M. Colloton (UNPUBLISHED); [4251189-2] Denying motion for appointment of counsel filed by Appellant Ms. Lisa Murphy. [4294282] [14-3566]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-3566
___________________________
Lisa Murphy
lllllllllllllllllllll Plaintiff - Appellant
Laura B. Sparks
lllllllllllllllllllll Plaintiff
v.
Sheriff Chad Ledbetter, Sheriff, Hot Spring County
lllllllllllllllllllll Defendant - Appellee
Dr. John Doe, Chief, Hot Spring County
lllllllllllllllllllll Defendant
George Wright, Jail Administrator, Hot Spring County Jail; Corporal Linda Rowe,
Assistant Jail Administrator, Hot Spring County Jail; Lingo, Sargent, Hot Spring
County Jail; Amy Martin, Correctional Officer, Hot Spring County Jail; Brian
Orel, Correctional Officer, Hot Spring County Jail
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
____________
Submitted: July 6, 2015
Filed: July 13, 2015
[Unpublished]
____________
Appellate Case: 14-3566

Page: 1

Date Filed: 07/13/2015 Entry ID: 4294282

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
____________
PER CURIAM.
Arkansas inmate Lisa Murphy appeals following the district court’s1 adverse
grant of summary judgment in her 42 U.S.C. § 1983 action. Upon de novo review,
we agree with the district court that Murphy failed to exhaust her administrative
remedies on some claims. See King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th
Cir. 2010) (standard of review; administrative exhaustion). We also find that
summary judgment was proper as to the remaining claims, because, based on our de
novo review of the evidence developed below, see Murchison v. Rogers, 779 F.3d
882, 886-87 (8th Cir. 2015) (summary judgment standard of review), we cannot
conclude that any defendant violated Murphy’s constitutional rights. The judgment
of the district court is affirmed, and Murphy’s motion for appointment of counsel is
denied. See 8th Cir. R. 47B.
______________________________

1

The Honorable Susan O. Hickey, United States District Judge for the Western
District of Arkansas, adopting the report and recommendations of the Honorable
James R. Marschewski, United States Magistrate Judge for the Western District of
Arkansas, now retired.
-2Appellate Case: 14-3566

Page: 2

Date Filed: 07/13/2015 Entry ID: 4294282