489 F. App'x 993

Matthew JEWELL, Plaintiff-Appellant v. MILLER COUNTY, ARKANSAS; Linda Rambo, Former Sheriff, Defendants-Appellees.

No. 12-1799.

United States Court of Appeals, Eighth Circuit.

Submitted: Sept. 18, 2012.

Filed: Oct. 15, 2012.

Matthew Jewell, Pine Bluff, AR, pro se.

Clyde Burt Newell, Nicholas Rudolph Windle, Bachelor & Newell, Hot Springs, AR, for Defendant-Appellee.

Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges.

PER CURIAM.

Arkansas inmate Matthew Jewell appeals following the district court’s1 entry of final judgment in his 42 U.S.C. § 1983 *994action, in which he raised a failure-to-protect claim. After careful review, we agree with the district court that Jewell failed to state an official-capacity claim against Linda Rambo or a municipal-liability claim against Miller County, as nothing in Jewell’s complaint demonstrated that a municipal policy or custom caused his injuries. See L.A. Cnty. v. Humphries, — U.S. -, 131 S.Ct. 447, 449, 452-53, 178 L.Ed.2d 460 (2010) (municipality is liable under § 1983 only if injury was caused pursuant to its policy or custom); Crawford v. Van Buren Cnty., 678 F.3d 666, 669 (8th Cir.2012) (official-capacity suit against government officer is equivalent to suit against employing governmental entity). We also conclude that the district court properly granted summary judgment as to the individual-capacity claim against Rambo, because the record before the court did not reveal any trialworthy issue on whether Rambo knew of but disregarded a substantial risk that Jewell would be assaulted by other inmates at the jail. See Farmer v. Brennan, 511 U.S. 825, 834, 847, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (Eighth Amendment failure-to-protect. claim requires that inmate was under conditions posing substantial risk of serious harm, and that defendant knew of but deliberately disregarded risk). Finally, we conclude that the district court did not abuse its discretion in denying Jewell’s motion for appointment of counsel. See Plummer v. Grimes, 87 F.3d 1032, 1033 (8th Cir.1996) (standard of review).

Accordingly, we affirm. See 8th Cir. R. 47B.

Jewell v. Miller County
489 F. App'x 993

Case Details

Name
Jewell v. Miller County
Decision Date
Oct 15, 2012
Citations

489 F. App'x 993

Jurisdiction
United States

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