Jerry Hawkins v. Lt. Steven Glover, No. 13-3262 (8th Cir. 2014)
Annotate this CaseCourt Description: Prisoner case - Prisoner civil rights. District court judgment granting plaintiff nominal damages against one defendant and dismissing the other defendants is affirmed. [ October 29, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3262 ___________________________ Jerry Lee Hawkins lllllllllllllllllllll Plaintiff - Appellant v. Lt. Steven Glover, Hempstead County Detention Center; Captain Johnny Godbolt, Hempstead County Detention Center; Dr. Joan McLean, HCDF Doctor; Captain Louise Phillips, Jail Administrator lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Texarkana ____________ Submitted: October 24, 2014 Filed: October 30, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and SMITH, Circuit Judges. ____________ PER CURIAM. Inmate Jerry Hawkins appeals the order the district court1 entered following an evidentiary hearing in his 42 U.S.C. § 1983 action; nominal damages were awarded against one defendant and the claims against the remaining defendants were dismissed. The evidentiary hearing amounted to a bench trial at which the court could determine witness credibility, and decide disputed facts because Hawkins did not timely request a jury trial. See Hartsfield v. Colburn, 491 F.3d 394, 395-96 (8th Cir. 2007); Darst-Webbe Tenant Ass n Bd. v. St. Louis Hous. Auth., 339 F.3d 702, 710-11 (8th Cir. 2003) (in appeal from civil bench trial, this court reviews trial court s findings of fact for clear error and conclusions of law de novo). We find no basis, and Hawkins offers none,2 for reversing the district court s disposition of his claims. See Scott v. Benson, 742 F.3d 335, 339-40 (8th Cir. 2014) (discussing deliberateindifference standard, which requires mental state akin to criminal recklessness; mere difference of opinion over course of treatment or matters of expert medical judgment does not amount to constitutional violation); see also Jackson v. Nixon, 747 F.3d 537, 543 (8th Cir. 2014) (supervisory liability under § 1983). The judgment of the district court is affirmed. ______________________________ 1 The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. 2 We do not address the new matters Hawkins raises in his opening and reply briefs, see Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004); or those he has waived, see Jenkins v. Winter, 540 F.3d 742, 751 (8th Cir. 2008). -2-
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