Loren W. May, Sr. v. United States of America

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3036
___________________________
Loren W. May, Sr.
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America
lllllllllllllllllllll Defendant
T. C. Outlaw, Warden, FCI - Forrest City; Ronald Smith, Safety Manager,
FCI-Forrest City
lllllllllllllllllllll Defendants - Appellees
Geraldo Maldonado, Jr.; Harrell Watts; Does
lllllllllllllllllllll Defendants
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Helena
____________
Submitted: April 2, 2013
Filed: April 5, 2013
[Unpublished]
____________
Before BYE, ARNOLD, and SHEPHERD, Circuit Judges.
____________

-- 1 of 2 --

PER CURIAM.
Loren May, an inmate of the Federal Correctional Institution in Forrest City,
Arkansas, appeals the district court’s grant of summary judgment to defendants1
Warden T.C. Outlaw and Safety Manager Ronald Smith. May asserted that they
violated his Eighth Amendment rights by knowingly subjecting him to an
environment containing “black mold,” which caused him a number of illnesses.
Because undisputed evidence shows that Outlaw and Smith took meaningful,
affirmative steps to reduce the amount of mold present at the prison facility, we
conclude that neither defendant was deliberately indifferent to May’s medical needs
or health risks. See Nelson v. Corr. Med. Servs., 583 F.3d 522, 528-29 (8th Cir.
2009) (prison official violates Eighth Amendment if official knows of and disregards
serious medical need or substantial risk to inmate's health or safety).
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
______________________________
The Honorable Jerome T. Kearney, United States Magistrate Judge for the1
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).
-2-

-- 2 of 2 --