Dennis Hutchinson v. Tim Lowery, Manager/Supervisor, Wrightsville Unit

18-3550Court of Appeals for the Eighth CircuitJul 31, 2020

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-2787
___________________________
Dennis Hutchinson
lllllllllllllllllllllPlaintiff - Appellant
v.
Tim Lowery, Manager/Supervisor, Wrightsville Unit; Kieth Waters, Final
Assembly Supervisor, Wrightsville Unit; Larry Raper, Assembly Supervisor,
Wrightsville Unit
lllllllllllllllllllllDefendants
Cymber Nicole Sievers, Nurse, Wrightsville Infirmary (Originally named as
Tinkle); Melanie Jones, Doctor, Wrightsville Infirmary (originally named as Foster-Jones)
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: June 26, 2020
Filed: July 1, 2020
[Unpublished]
____________
Before GRASZ, BEAM, and KOBES, Circuit Judges.
____________
PER CURIAM.

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In this 42 U.S.C. § 1983 action, Arkansas inmate Dennis Hutchinson appeals
following the district court’s1 grant of summary judgment to defendant nurse Cymber
Nicole Sievers.2 Viewing the record in a light most favorable to Hutchinson, and
drawing all reasonable inferences in his favor, we agree with the district court that
nurse Sievers was entitled to summary judgment. See Murchison v. Rogers, 779 F.3d
882, 886-87 (8th Cir. 2015) (de novo review); Nelson v. Shuffman, 603 F.3d 439, 449
(8th Cir. 2010) (inmate’s mere disagreement over matters of professional judgment
or course of treatment does not rise to level of constitutional violation). The
judgment is affirmed. See 8th Cir. R. 47B.
______________________________
1The Honorable Jerome T. Kearney, United States Magistrate Judge for the
Eastern District of Arkansas, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
2Hutchinson originally raised claims against other defendants that he
voluntarily dismissed below; and claims against Dr. Melanie Jones that were
dismissed for failure to exhaust. We do not consider these claims, as Hutchinson has
not addressed the basis for the dismissals. See Hess v. Ables, 714 F.3d 1048, 1051
n.2 (8th Cir. 2013) (claim is waived where appellant does not brief this court why
dismissal of claim was improper).
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