Mark Campbell v. AR Department of Correction, No. 12-3053 (8th Cir. 2013)
Annotate this CaseCourt Description: Prisoner case - Prisoner civil rights. District court did not err in determining that plaintiff had failed to exhaust his administrative remedies with respect to all but one of his claims, and the court did not err in granting summary judgment to defendant Jones on the remaining failure-to-protect claim.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3053 ___________________________ Mark E. Campbell lllllllllllllllllllll Plaintiff - Appellant v. Arkansas Department of Correction; Grant Harris, Former Warden, Arkansas Department of Correction; John Whalen, Former Warden, Arkansas Department of Correction; Darryl Golden, Former Deputy Warden, Arkansas Department of Correction; James Banks, Warden, Varner Unit, ADC; Curtis Meizner, Assistant Warden, Varner Unit, ADC; Ravonna Walker, Classification Officer, Varner Unit, ADC; Cherya Jones, Sgt., Varner Unit, ADC; Larry May, Chief Deputy, Arkansas Department of Correction lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: July 30, 2013 Filed: August 8, 2013 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges. ____________ PER CURIAM. Inmate Mark E. Campbell appeals following the district court s1 adverse grant of summary judgment in his 42 U.S.C. ยง 1983 action. Upon de novo review, see King v. Iowa Dep t of Corrs., 598 F.3d 1051, 1052 (8th Cir. 2010), and careful consideration of Campbell s arguments for reversal, we find no basis for overturning the district court s determination that Campbell exhausted his administrative remedies only as to his failure-to-protect claim against Sergeant Cheryl Jones, see id. at 1052 (inmate must complete administrative exhaustion process according to applicable procedural rules as precondition to bringing suit in federal court). As to the grant of summary judgment to Jones, we agree with the district court that there were no trialworthy issues. See Schoelch v. Mitchell, 625 F.3d 1041, 1045-46 (8th Cir. 2010) (reviewing de novo grant of summary judgment, construing evidence in light most favorable to nonmovant and drawing all reasonable inferences in his favor; discussing requirements to prevail on failure-to-protect claim); Jackson v. Everett, 140 F.3d 1149, 1152 (8th Cir. 1998) (in assessing prison official s response to known risk to inmate safety, deliberate indifference is something more than negligence but less than actual intent to harm). The judgment of the district court is affirmed. ______________________________ 1 The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas. -2-
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