Michael Johnson v. Wendy Kelley, No. 21-1551 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Shepherd, Grasz, and Stras, Circuit Judges] Prisoner case - Prisoner civil rights. Order granting defendants summary judgment on plaintiff's failure-to-protect claim affirmed without comment. [ August 06, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1551 ___________________________ Michael Andrew Johnson lllllllllllllllllllllPlaintiff - Appellant v. Wendy Kelley, Director, Arkansas Department of Correction; Byron Brown, Lieutenant, Wrightsville Unit, Department of Correction (originally named as Brown); Jada Lawrence, Assistant to Director Kelley, Arkansas Department of Correction (originally named as Jada Lawerence); Lyn Bennett, Assistant to Director Kelley, Arkansas Department of Correction; Mindy Shell, Assistant to Director Kelley, Arkansas Department of Correction lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: August 4, 2021 Filed: August 9, 2021 [Unpublished] ____________ Before SHEPHERD, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM. Arkansas prisoner Michael Johnson appeals the district court’s1 adverse grant of summary judgment on his claim that prison officials were deliberately indifferent by failing to protect him from an assault by fellow prisoners. After careful de novo review of the record and the parties’ arguments on appeal, we conclude the district court properly granted summary judgment. See Holden v. Hirner, 663 F.3d 336, 340 (8th Cir. 2011) (standard of review); see also Patterson v. Kelley, 902 F.3d 845, 851 (8th Cir. 2018) (noting an inmate must show he faced substantial risk of harm and a prison official was deliberately indifferent to that risk to prevail on failure-to-protect claim). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas, adopting the findings and recommendations of the Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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