Filed: Dec. 04, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2259 _ Randall Thomas McArty lllllllllllllllllllll Plaintiff - Appellant v. State of Arkansas; Arkansas Department of Correction lllllllllllllllllllll Defendants William Straughn, Mr., Warden, ADC, Tucker Max; Steve Outlaw, Mr., Assistant Warden, ADC, Tucker Max; Williams, Mr., Building Major, ADC, Tucker Max; Callaway, Sergeant of Building, ADC, Tucker Max; Adkins, Sergeant of Building, ADC, Tucker Max lllllllllllllllllllll Defendan
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2259 _ Randall Thomas McArty lllllllllllllllllllll Plaintiff - Appellant v. State of Arkansas; Arkansas Department of Correction lllllllllllllllllllll Defendants William Straughn, Mr., Warden, ADC, Tucker Max; Steve Outlaw, Mr., Assistant Warden, ADC, Tucker Max; Williams, Mr., Building Major, ADC, Tucker Max; Callaway, Sergeant of Building, ADC, Tucker Max; Adkins, Sergeant of Building, ADC, Tucker Max lllllllllllllllllllll Defendant..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2259
___________________________
Randall Thomas McArty
lllllllllllllllllllll Plaintiff - Appellant
v.
State of Arkansas; Arkansas Department of Correction
lllllllllllllllllllll Defendants
William Straughn, Mr., Warden, ADC, Tucker Max; Steve Outlaw, Mr., Assistant
Warden, ADC, Tucker Max; Williams, Mr., Building Major, ADC, Tucker Max;
Callaway, Sergeant of Building, ADC, Tucker Max; Adkins, Sergeant of Building,
ADC, Tucker Max
lllllllllllllllllllll Defendants - Appellees
Katina Owens, Corporal, ADC, Tucker Max; D. Cook, Field Major, ADC, Tucker
Max; Jenkins, Mrs., Classification Officer, ADC, Tucker Max
lllllllllllllllllllll Defendants
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
____________
Submitted: November 24, 2015
Filed: December 4, 2015
[Unpublished]
____________
Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
____________
PER CURIAM.
Arkansas inmate Randall McArty appeals the district court’s1 adverse grant of
summary judgment in his 42 U.S.C. § 1983 action in which he claimed that
defendants failed to protect him from an attack by another inmate. Upon careful de
novo review, see Paine v. Jefferson Nat. Life Ins. Co.,
594 F.3d 989, 991-92 (2010),
we conclude, for the reasons explained by the district court, that defendants were not
deliberately indifferent to a serious risk to McArty’s safety, see Tucker v. Evans,
276
F.3d 999, 1001 (8th Cir. 2002). Accordingly, the judgment of the district court is
affirmed. See 8th Cir. R. 47B.2
______________________________
1
The Honorable J. Leon Holmes, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable
Jerome T. Kearney, United States Magistrate Judge for the Eastern District of
Arkansas.
2
We do not consider the dismissal of certain claims and defendants for failure
to state a claim and failure to exhaust administrative remedies because McArty did
not raise these issues in his brief. See Jasperson v. Purolator Courier Corp.,
765 F.2d
736, 740-41 (8th Cir. 1985).
-2-