Filed: Dec. 11, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1440 _ Dale E. Bryant lllllllllllllllllllllPlaintiff - Appellant v. Nurse Denham, Correct Care Solutions Pill Nurse lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Western District of Arkansas - Hot Springs _ Submitted: November 27, 2018 Filed: December 11, 2018 [Unpublished] _ Before KELLY, GRASZ, and STRAS, Circuit Judges. _ PER CURIAM. Arkansas inmate Dale Bryant appeals the district
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1440 _ Dale E. Bryant lllllllllllllllllllllPlaintiff - Appellant v. Nurse Denham, Correct Care Solutions Pill Nurse lllllllllllllllllllllDefendant - Appellee _ Appeal from United States District Court for the Western District of Arkansas - Hot Springs _ Submitted: November 27, 2018 Filed: December 11, 2018 [Unpublished] _ Before KELLY, GRASZ, and STRAS, Circuit Judges. _ PER CURIAM. Arkansas inmate Dale Bryant appeals the district c..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-1440
___________________________
Dale E. Bryant
lllllllllllllllllllllPlaintiff - Appellant
v.
Nurse Denham, Correct Care Solutions Pill Nurse
lllllllllllllllllllllDefendant - Appellee
____________
Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
____________
Submitted: November 27, 2018
Filed: December 11, 2018
[Unpublished]
____________
Before KELLY, GRASZ, and STRAS, Circuit Judges.
____________
PER CURIAM.
Arkansas inmate Dale Bryant appeals the district court’s1 adverse grant of
summary judgment in his 42 U.S.C. § 1983 action against prison nurse Jonathan
Denham, in which he alleged Denham was deliberately indifferent to his serious
medical needs by delaying administration of injectable anti-nausea and pain
medication. After careful de novo review, construing the record in the light most
favorable to Bryant and drawing all reasonable inferences therefrom in his favor, see
Cullor v. Baldwin,
830 F.3d 830, 836 (8th Cir. 2016) (standard of review), we agree
with the district court that Bryant did not show Denham was deliberately indifferent
to his serious medical needs, see Popoalii v. Corr. Med. Servs.,
512 F.3d 488, 499
(8th Cir. 2008) (deliberate indifference is akin to criminal recklessness and demands
more than even gross negligence).
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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1
The Honorable Susan O. Hickey, United States District Judge for the Western
District of Arkansas, adopting the report and recommendation of the Honorable Barry
A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
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