Dale Bryant v. Nurse Denham, No. 18-1440 (8th Cir. 2018)

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Court Description: Per Curiam - Before Kelly, Grasz and Stras, Circuit Judges] Prisoner case - Prisoner Civil Rights. Defendant's summary judgment on plaintiff's claim of deliberate indifference to medical needs affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1440 ___________________________ Dale E. Bryant lllllllllllllllllllllPlaintiff - Appellant v. Nurse Denham, Correct Care Solutions Pill Nurse lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________ Submitted: November 27, 2018 Filed: December 11, 2018 [Unpublished] ____________ Before KELLY, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM. Arkansas inmate Dale Bryant appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action against prison nurse Jonathan Denham, in which he alleged Denham was deliberately indifferent to his serious medical needs by delaying administration of injectable anti-nausea and pain medication. After careful de novo review, construing the record in the light most favorable to Bryant and drawing all reasonable inferences therefrom in his favor, see Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (standard of review), we agree with the district court that Bryant did not show Denham was deliberately indifferent to his serious medical needs, see Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (deliberate indifference is akin to criminal recklessness and demands more than even gross negligence). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan O. Hickey, United States District Judge for the Western District of Arkansas, adopting the report and recommendation of the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. -2-