Emmanuel S. Yanga v. Nebraska Department of Correctional Services

United States Court of Appeals
For the Eighth Circuit
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No. 22-3483
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Emmanuel S. Yanga
Plaintiff - Appellant
v.
Nebraska Department of Correctional Services; Robert Madsen, Warden at State
Prison of Nebraska, in their individual and official capacities; Michelle Wilhelm,
Warden at state prison of Nebraska, in their individual and official capacities; A.
Larson, staff agents at state prison of Nebraska, in their individual and official
capacities; F. Howard, staff agents at state prison of Nebraska, in their individual
and official capacities; Rathji, staff agents at state prison of Nebraska, in their
individual and official capacities; Dzulynsky, staff agents at state prison of
Nebraska, in their individual and official capacities; P. Larson, staff agents at state
prison of Nebraska, in their individual and official capacities
Defendants
Cody Eastman, correctional officers at state prison of Nebraska, in their individual
and official capacities
Defendant - Appellee
M. Spainhower, correctional officers at state prison of Nebraska, in their individual
and official capacities; Peter, correctional officers at state prison of Nebraska, in
their individual and official capacities
Defendants
Micala Wessel, correctional officers at state prison of Nebraska, in their individual
and official capacities; Galen R. Schaffer, correctional officers at state prison of

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Nebraska, in their individual and official capacities; Matthew U. Patida,
correctional officers at state prison of Nebraska, in their individual and official
capacities
Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Omaha
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Submitted: April 17, 2023
Filed: April 20, 2023
[Unpublished]
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Before KELLY, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Emmanuel Yanga appeals the grant of summary judgment to corrections
officers who allegedly violated his Eighth Amendment rights. Having carefully
reviewed the record and the parties’ arguments on appeal, we conclude that there are
no material facts in dispute and the officers are entitled to judgment as a matter of
law. See Fletcher v. Conoco Pipe Line Co., 323 F.3d 661, 664, 666 (8th Cir. 2003)
(reviewing a grant of summary judgment de novo and emphasizing that a party
seeking a judge’s recusal “carries a heavy burden of proof” (citation omitted));
Santiago v. Blair, 707 F.3d 984, 990 (8th Cir. 2013) (explaining that excessive-force
claims require the “malicious[] and sadistic[]” infliction of harm and failure-to-treat

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claims arise only when officials are “deliberate[ly] indifferen[t]” to an “objectively
serious medical need”). We accordingly affirm the judgment of the district court.1
See 8th Cir. R. 47B.
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1 The Honorable Brian C. Buescher, United States District Judge for the
District of Nebraska, adopting the report and recommendations of the Honorable
Susan M. Bazis, United States Magistrate Judge for the District of Nebraska.

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