Sylvester Barbee v. Jason Boyd, Poultry/Swine Company Inspector, Cummins Unit, ADC

United States Court of Appeals
For the Eighth Circuit
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No. 20-1261
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Sylvester Barbee
lllllllllllllllllllllPlaintiff - Appellant
v.
Jason Boyd, Poultry/Swine Company Inspector, Cummins Unit, ADC
lllllllllllllllllllllDefendant - Appellee
Troy Moore, Physician; Cheryl Ellis, Inspector, Cummins Unit, ADC; Aundrea
Weekly, Safety and Sanitation Officer, Cummins Unit, ADC
lllllllllllllllllllllDefendants
Angelika Smarjessi, Food Preparation & Service Manager, Cummins Unit, ADC
lllllllllllllllllllllDefendant - Appellee
Doe, 2012 Henhouse Sanitation Inspector
lllllllllllllllllllllDefendant
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Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: August 3, 2020
Filed: August 7, 2020
[Unpublished]
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Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.
In this 42 U.S.C. § 1983 action, Arkansas inmate Sylvester Barbee appeals
following the district court’s1 adverse grant of summary judgment. Viewing the
record in a light most favorable to Barbee, and drawing all inferences in his favor, we
find that summary judgment was properly granted. See Murchison v. Rogers, 779
F.3d 882, 886-87 (8th Cir. 2015) (de novo standard of review). Specifically, we agree
with the district court that Barbee did not exhaust administrative remedies on his
claims against defendant Angelika Smarjessi, see King v. Iowa Dep’t of Corr., 598
F.3d 1051, 1052 (8th Cir. 2010) (reviewing de novo a dismissal for failure to
exhaust); and that the record did not reflect defendant Jason Boyd’s deliberate
indifference to Barbee’s risk of exposure to salmonella, see Kulkay v. Roy, 847 F.3d
637, 643 (8th Cir. 2017) (finding, in a case challenging conditions of confinement,
that requisite state of mind is deliberate indifference to inmate health and safety;
official is deliberately indifferent if he actually knows of the substantial risk and fails
reasonably to respond to it); Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th
Cir. 2009) (recognizing that deliberate indifference is similar to criminal recklessness
and requires more than gross negligence). The judgment is affirmed, see 8th Cir. R.
47B; and Barbee’s motion for counsel is denied as moot.
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1The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable
Jerome T. Kearney, United States Magistrate Judge for the Eastern District of
Arkansas.
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