Darrell Banks v. Federal Bureau of Prisons, No. 15-2185 (8th Cir. 2015)
Annotate this CaseCourt Description: Per Curiam - Before Gruender, Benton and Kelly, Circuit Judges] Prisoner case - Bivens action. Defendants' summary judgment on plaintiff's conditions-of-confinement and medical-indifference claims affirmed without comment. [ December 29, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2185 ___________________________ Darrell Eugene Banks lllllllllllllllllllll Plaintiff - Appellant v. Federal Bureau of Prisons; T. C. Outlaw, Former Warden; Nader Peikar, Doctor; Does, Unknown Staff and Health Administrator; United States of America; FCC Forrest City; Mary Ellen Rivers-Graham, Health Service Administrator, FCC Forrest City; Brenda Hoy, Assistant Health Service Administrator, FCC - Forrest City; Misty Rios, RN, FCC - Forrest City; Theron Houston, Counselor, Helena C Unit; Darlene Gallardo, Unit Manager, Helena Unit; Steven Norris, Case Manager, Helena C Unit lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena ____________ Submitted: December 23, 2015 Filed: December 30, 2015 [Unpublished] ____________ Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Federal inmate Darrell Banks filed this action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), asserting conditions-of-confinement and medical-indifference claims against various defendants affiliated with the Federal Correctional Institution in Forest City, Arkansas. The district court1 granted defendants summary judgment, and Banks appeals. Following de novo review, see Dulany v. Carnahan, 132 F.3d 1234, 1237, 1239 (8th Cir. 1997), we agree with the district court that Banks did not create a trialworthy factual issue on his claims against any named defendant. Accordingly, we affirm for the reasons given by the district court. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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