Demetrius Akkard v. Jason Jones, et al, No. 09-1996 (8th Cir. 2010)
Annotate this CaseCourt Description: Civil Case - civil rights. Adverse judgment in civil rights action asserting failure to protect is summarily affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1996 ___________ Demetrius Ramon Akkard, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Jason Jones; Dollie Ann-Marie * Simmons; Donny Brian Dahl; Sgt. * [UNPUBLISHED] Jason McDonald, * * Appellees. * ___________ Submitted: January 14, 2010 Filed: January 20, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Demetrius Akkard appeals from the district court s1 adverse judgment in his 42 U.S.C. § 1983 action asserting failure-to-protect claims against employees of the Miller County Correctional Facility in their individual and official capacities. Upon careful review, we find no basis for reversal. See Norman v. Schuetzle, 585 F.3d 1 The Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 1097, 1101 (8th Cir. 2009) (no showing of failure to protect where prison official was not aware inmate was at risk to be assaulted by other inmate); Brockinton v. City of Sherwood, 503 F.3d 667, 674 (8th Cir. 2007) (suit against governmental actor in official capacity is treated as suit against governmental entity itself; because governmental entity cannot be held vicariously liable under § 1983 for its agents acts, plaintiff must identify governmental policy or custom that caused plaintiff s injury to recover from governmental entity under § 1983). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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