638 F. App'x 558

Don Merceleany R. MAXWELL, Plaintiff-Appellant v. Sandra PEREZ, Nurse, Corizon, ADC medical providers; John Doe, W/M Nurse, Corizon, ADC medical providers; Stevenson, Nurse, Corizon, ADC medical providers; Boston, Nurse, Corizon, ADC medical providers; John Does, Doctors, ADC, Corizon medical providers, Maximum Security Classification Officer, Dr. and sick call processor, B/M Correctional Officer; Hunter, Nurse, ADC, Corizon medical provider; Alva M. Green/McDowell, Medical staff, ADC, Corizon medical provider (originally named as Brown); Chamber, CO-1, ADC Maximum Security Unit; Strickland, Correctional Officer, ADC Maximum Security Unit, Defendants-Appellees.

No. 15-2456.

United States Court of Appeals, Eighth Circuit.

Submitted: March 17, 2016.

Filed: March 22, 2016.

Don Merceleany R. Maxwell, Tucker, AR, pro se.

Brent J. Eubanks, Humphries & Odum, White Hall, AR, Jonathan Quentin Warren, Attorney General’s Office, Little Rock, AR, for Defendants-Appellees.

Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges.

PER CURIAM.

Arkansas inmate Don Maxwell filed this 42 U.S.C. § 1983 action against prison healthcare providers and correctional officers claiming that they showed deliberate indifference to his serious medical needs, discriminated against him, and retaliated against him. The District Court1 granted defendants’ motions for summary judgment, and Maxwell appeals. After de novo review, we agree with the District Court that Maxwell can show no genuine dispute as to any material fact and that defendants are entitled to judgment as a matter of law. See Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir.2009) (standard of review); Fed.R.Civ.P. 56(c). Specifically, Maxwell did not establish that the correctional officers violated his constitutional rights when he stumbled and fell while they were escorting him to the infirmary or when they pulled him up. See *559 Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (explaining the elements of a prisoner-rights claim based on “failure to prevent harm”). His retaliation claim was properly dismissed for want of exhaustion. See Hammett v. Cofield, 681 F.3d 945, 947 (8th Cir.2012) (per curiam) (describing exhaustion requirement). As to the medical issues, the evidence shows that Maxwell was provided consistent treatment for his medical complaints, and nothing in the record supports a claim that the treatment was “grossly inappropriate or evidenced intentional maltreatment.” Dulany v. Carnahan, 132 F.3d 1234, 1241 (8th Cir.1997). Finally, the record does not support Maxwell’s claims of discrimination.

We affirm the judgment.

Maxwell v. Perez
638 F. App'x 558

Case Details

Name
Maxwell v. Perez
Decision Date
Mar 22, 2016
Citations

638 F. App'x 558

Jurisdiction
United States

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