Andre Porter v. St. Louis County, Missouri, et al, No. 10-3324 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case - civil rights. Defendant's summary judgment affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3324 ___________ Andre Porter, Appellant, v. St. Louis County, Missouri; St. Louis County Health Department; Unknown Rotnick, St. Louis County Health Department, Individually and Officially; Unknown Todd, Doctor, St. Louis County Health Department, Individually and Officially; Rita Hendrick, Nursing Supervisor, St. Louis County Health Department, Individually and Officially; Deb Kinder, Head Nurse, St. Louis County Health Department, Individually and Officially; R.N. Jane Unknown, Nurse, St. Louis County Health Department, Individually and Officially; Hector Sanchez, Nurse, St. Louis County Health Department, Individually and Officially; Kate Rudisill, Nurse, St. Louis County Health Department, Individually and Officially; Gary Preston, St. Louis County Health Department, Individually and Officially; Henry Willis, Correctional Officer, St. Louis County Justice Center, Individually * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Appeal from the United States District Court for the Eastern District of Missouri. [UNPUBLISHED] and Officially; Tina Hahler, Caseworker, St. Louis County Justice Center, Individually and Officially; Alexis Woods, Correctional Officer, St. Louis County Justice Center, Individually and Officially; Al Breeding, Unit Manager, St. Louis County Justice Center, Individually; Charles Dooley, County Executive, Officially; Roy Mueller, Director of Justice Services, Individually, Appellees. * * * * * * * * * * * * * * ___________ Submitted: January 4, 2011 Filed: January 7, 2011 ___________ Before LOKEN, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Andre Porter appeals the adverse grant of summary judgment entered by the District Court1 in this 42 U.S.C. ยง 1983 action. Having conducted de novo review of the record and viewing the evidence in the light most favorable to Porter, see Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884 85 (8th Cir. 2009) (standard of review), we cannot say that defendants conduct rose to the level of deliberate indifference within the meaning of applicable case law, see Langford v. Norris, 614 F.3d 445, 459 60 (8th Cir. 2010). We also conclude that the District Court did not improperly 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. -2- consider the affidavits that were notarized by defense counsel, and did not abuse its discretion in declining to appoint counsel. Accordingly, we affirm, see 8th Cir. R. 47B, and we deny Porter s motion for counsel. ______________________________ -3-
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