Jacob Taylor v. Felicia Robinson, No. 18-1250 (8th Cir. 2018)

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Court Description: Per Curiam - Before Wollman,Gruender and Stras, Circuit Judges] Prisoner case - Prisoner Civil Rights. Plaintiff's complaint on his failure-to-protect claim included only an official capacity claim, which was, in effect a claim against Pulaski County, and he failed to present any evidence that he suffered an injury as a result of a Pulaski County policy or custom; defendant's summary judgment affirmed without further comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1250 ___________________________ Jacob Jerome Taylor, lllllllllllllllllllllPlaintiff - Appellant v. Holladay, Sheriff, Pulaski County Jail lllllllllllllllllllllDefendant Felicia Robinson, Shift Deputy Officer, Pulaski County Jail (originally named as F Robinson) lllllllllllllllllllllDefendant - Appellee S. Nelson, Lieutenant, Pulaski County Jail; M. Rose, Captain, Pulaski County Jail; A. Allen, Sergeant, Pulaski County Jail; Junior, Deputy, Pulaski County Jail; Bangs, Lieutenant, Pulaski County Jail; S. Wilson, Classification, Pulaski County Jail; M. Williams, Inmate; Thompson, Lieutenant, Pulaski County Jail; Hazel, Former Sergeant, Pulaski County Jail; Charles Lott, Inmate; Comic, Sergeant, Pulaski County Jail; Glenda Moore, Deputy, Pulaski County Jail (originally named as Moore); M. Clark, Sergeant; Tucker, Deputy, Pulaski County Jail; Gilbert, Deputy, Pulaski County Jail; Scott, Deputy, Pulaski County Jail; O’Conner, Deputy, Pulaski County Jail; Pulaski County Regional Detention Facility; Green, Deputy, Pulaski County Jail lllllllllllllllllllllDefendants ____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________ Submitted: November 6, 2018 Filed: November 8, 2018 [Unpublished] ____________ Before WOLLMAN, GRUENDER, and STRAS, Circuit Judges. ____________ PER CURIAM. Arkansas inmate Jacob Taylor appeals the district court’s1 grant of summary judgment to a Pulaski County Regional Detention Center official on his failure-toprotect claim. See 42 U.S.C. § 1983. No genuine issue of material fact remains. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (explaining that a grant of summary judgment is reviewed de novo and that summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law). Taylor’s complaint included only an official-capacity claim, which was, in effect, a claim against Pulaski County. Yet Taylor has not presented any evidence that he suffered an injury as a result of a Pulaski County policy or custom. See Brewington v. Keener, 902 F.3d 796, 800–01 (8th Cir. 2018) (treating official-capacity claims against a county sheriff and a deputy as claims against the county, which could be found liable under section 1983 only if the execution of a county policy or custom caused the injury). Accordingly, we affirm the district court’s judgment under 8th Cir. R. 47B. ______________________________ 1 The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas, adopting the recommended disposition of the Honorable Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas. -2-