Owen Garth Hinkson v. David Rahbany, Chief Deputy U.S. Marshal, Eastern District of Kentucky

21-3885Court of Appeals for the Eighth CircuitOct 31, 2022

Full text

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-1720
___________________________
Owen Garth Hinkson
lllllllllllllllllllllPlaintiff - Appellant
v.
David Rahbany, Chief Deputy U.S. Marshal, Eastern District of Kentucky; Daniel
Gough, Deputy U.S. Marshal
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Central
____________
Submitted: October 3, 2022
Filed: October 6, 2022
[Unpublished]
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Before SHEPHERD, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Owen Hinkson appeals the district court’s1 grant of summary judgment to two
United States Marshals on his Eighth Amendment claim. Having carefully reviewed
1 The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendation of the Honorable

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the record and the parties’ arguments on appeal, we conclude there are no material
facts in dispute and that the defendants are entitled to judgment as a matter of law.2
See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (reviewing a grant of
summary judgment de novo); Kulkay v. Roy, 847 F.3d 637, 643 (8th Cir. 2017)
(noting that negligence does not rise to the level of “deliberate indifference”). We
accordingly affirm the judgment of the district court. See 8th Cir. R. 47B.
______________________________
Patricia S. Harris, United States Magistrate Judge for the Eastern District of
Arkansas.
2 We also deny the motion to supplement the record.

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