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Mark Bowers v. T. Bredeman, 16-3926 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 16-3926 Visitors: 64
Filed: Jul. 06, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-3926 _ Mark Bowers lllllllllllllllllllll Plaintiff - Appellant v. David A. Mullen, MD, ERDCC; John Williams, MD, MECC; Karl Hardman, RN BN Health Service Administrator lllllllllllllllllllll Defendants T. Bredeman, Medical Director of Corizon lllllllllllllllllllll Defendant - Appellee _ Appeal from United States District Court for the Eastern District of Missouri - St. Louis _ Submitted: June 28, 2017 Filed: July 6, 2017 [Unpublished]
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              United States Court of Appeals
                         For the Eighth Circuit
                     ___________________________

                             No. 16-3926
                     ___________________________

                                 Mark Bowers

                    lllllllllllllllllllll Plaintiff - Appellant

                                        v.

David A. Mullen, MD, ERDCC; John Williams, MD, MECC; Karl Hardman, RN
                     BN Health Service Administrator

                         lllllllllllllllllllll Defendants

                T. Bredeman, Medical Director of Corizon

                   lllllllllllllllllllll Defendant - Appellee
                                  ____________

                 Appeal from United States District Court
               for the Eastern District of Missouri - St. Louis
                               ____________

                          Submitted: June 28, 2017
                             Filed: July 6, 2017
                               [Unpublished]
                               ____________

Before LOKEN, ARNOLD, and MURPHY, Circuit Judges.
                           ____________

PER CURIAM.
       Former Missouri prisoner Mark Bowers appeals following the district court’s1
adverse grant of summary judgment in his 42 U.S.C. § 1983 action claiming
deliberate indifference to his medical needs. After de novo review, see Beaulieu v.
Ludeman, 
690 F.3d 1017
, 1024 (8th Cir. 2012), we affirm. Specifically, we find that
neither the denial of a requested orthopedic evaluation, nor the delay in reviewing a
subsequent request for evaluation, constituted deliberate indifference to Bowers’s
serious medical needs. See Holden v. Hirner, 
663 F.3d 336
, 342 (8th Cir. 2011);
Meuir v. Greene Cty. Jail Emps., 
487 F.3d 1115
, 1118–19 (8th Cir. 2007) (physicians
are free to exercise independent medical judgment); Vaughan v. Lacey, 
49 F.3d 1344
,
1346 (8th Cir. 1995) (mere disagreement, even between physicians, over proper
course of treatment is not actionable under Eighth Amendment).

      Accordingly, we affirm the judgment. See 8th Cir. R. 47B.
                     ______________________________




      1
       The Honorable John A. Ross, United States District Judge for the Eastern
District of Missouri.

                                         -2-

Source:  CourtListener

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