Khanis-Orion Morningstar v. James H. Smith, Jr., Doctor, Wellpath; Charlotte Gardner, Regional Ombudsman, Wellpath

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 25-2845
___________________________
Khanis-Orion Morningstar
lllllllllllllllllllllPlaintiff - Appellant
v.
James H. Smith, Jr., Doctor, Wellpath; Charlotte Gardner, Regional Ombudsman, Wellpath
lllllllllllllllllllllDefendants - Appellees
Aundrea Culclager, Deputy Director of Health and Correctional Programs, Central
Office; Brandy Johnson, Medical Grievance Officer, Health and Correctional
Programs, Central Office
lllllllllllllllllllllDefendants
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Central
____________
Submitted: July 1, 2026
Filed: July 7, 2026
[Unpublished]
____________
Before LOKEN, KELLY, and KOBES, Circuit Judges.
____________

-- 1 of 2 --

PER CURIAM.
Arkansas inmate Khanis-Orion Morningstar appeals the district court’s1
adverse grant of summary judgment in his pro se 42 U.S.C. § 1983 action. Upon de
novo review, we affirm. See Hancock v. Arnott, 39 F.4th 482, 486 (8th Cir. 2022)
(standard of review). We agree with the district court that Morningstar did not
establish that defendants were deliberately indifferent to his serious medical need, as
the unrebutted affidavit from defendants’ expert established that the treatment of
conservative observation was appropriate, even if Morningstar disagreed with it. See
id.; Dulany v. Carnahan, 132 F.3d 1234, 1240-41 (8th Cir. 1997). We also agree that,
absent underlying constitutional violations, the failure-to-supervise claim against
defendant Gardner failed, see Engesser v. Fox, 993 F.3d 626, 631-32 (8th Cir. 2021);
and the official-capacity claims against Wellpath failed, cf. Whitney v. City of St.
Louis, 887 F.3d 857, 861 (8th Cir. 2018).
The judgment is affirmed. See 8th Cir. R. 47B.
______________________________
1The Honorable Kristine G. Baker, Chief Judge, United States District Court
for the Eastern District of Arkansas, adopting the report and recommendations of the
Honorable Benecia Moore, United States Magistrate Judge for the Eastern District of
Arkansas.
-2-

-- 2 of 2 --