Public-domain · open source
OpenJurist

668 F. App'x 677

Caldwell v. Kelley

U.S. Courts of Appeals

Decided September 2, 2016

U.S. Courts of Appeals · decided 2016-09-02

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Brayboy v. United States · Murchison v. Rogers · Allard v. Baldwin

Decided 2016-09-02

PER CURIAM.

¶1Arkansas inmate John Caldwell appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983*678action. Viewing the summary judgment record in a light most favorable to Mr. Caldwell, and drawing all reasonable inferences from it in his favor, see Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015), we find no basis for overturning the district court’s determination that there were no jury issues on his Eighth Amendment claims, see Allard v. Baldwin, 779 F.3d 768, 771-72 (8th Cir.) (discussing requirements to prevail on Eighth Amendment claim), cert. denied, — U.S. —, 136 S.Ct. 211, 193 L.Ed.2d 162 (2015). The judgment of the district court is affirmed. See 8th Cir. R. 47B.

¶2. 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 Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas.

/668/fappx/677 · .json · Public domain