John Moss v. Corizon CMS ( 2015 )


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  •                 United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 15-1382
    ___________________________
    John T. Moss
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Corizon CMS, Medical provider, Arkansas Department of Correction; Arkansas
    Department of Correction, State Prison; Corizon, Inc.; Rich Hallworth, Corizon
    (originally named as Rick Hallworth); Kevin Bice, Corizon (originally named as
    Kevin Bile); J M Courtney, Corizon; Jack Davidson, Dr., Corizon; Michael
    Person, Dr., Corizon (originally named as Pearson); Ojiugo Iko, Dr., Corizon;
    Roland Anderson, Dr., Corizon; Jennifer McBride-Andrews, Corizon (originally
    named as Jennifer McBride); Connie Hubbard, Nurse, Corizon; Joann Burnett,
    Nurse, Corizon (originally named as Joe Ann Burnett); Larry May, Arkansas
    Department of Correction; Wendy Kelley, A.D.C.; Grant Harris, A.D.C.; Jimmy
    Banks, A.D.C.; Daryl Golden, A.D.C.; Yolanda Clark, Captain, A.D.C. (originally
    named as Clark); Bradley, Lieutenant, A.D.C.; Barrow, Lieutenant, A.D.C.;
    Donald Tate, Sargeant, A.D.C. (originally named as Tate); Young, Sargeant,
    A.D.C.; Madden, Sargeant, A.D.C.; C. Jones, Sargeant, A.D.C.; Daryl Gardner,
    Sargeant, A.D.C. (originally named as Gardner); Thompson, Sargeant, A.D.C.;
    Turner, Correctional Officer, A.D.C.; Rayford, Correctional Officer, A.D.C.;
    Powell, Correctional Officer, A.D.C.; Knight, Correctional Officer, A.D.C.; S.
    Hudson, Correctional Officer, A.D.C.; Kendall Austin, Correctional Officer,
    A.D.C. (originally named as Auston); Brandi Hudgens, Correctional Officer,
    A.D.C. (originally named as Hudgens); Moton, Correctional Officer, A.D.C.;
    Christopher Shorter, Correctional Officer, A.D.C. (originally named as Shorter);
    Telicia Dobbs, Correctional Officer, A.D.C. (originally named as Dobbs); Louis,
    Correctional Officer, A.D.C.; Shabaze, Correctional Officer, A.D.C.
    lllllllllllllllllllll Defendants - Appellees
    ____________
    Appeal from United States District Court
    for the Eastern District of Arkansas - Helena
    ____________
    Submitted: November 5, 2015
    Filed: November 12, 2015
    [Unpublished]
    ____________
    Before LOKEN, BOWMAN, and MURPHY, Circuit Judges.
    ____________
    PER CURIAM.
    Arkansas inmate John Moss appeals the final judgment entered by the district
    court1 following the court’s adverse grant of summary judgment on his federal and
    state-law claims. Also before the court is a motion filed by some of the defendants,
    seeking a partial dismissal of the appeal.
    After careful review, we agree with the district court’s disposition of the
    federal claims. Specifically, we conclude that the uncontroverted evidence in the
    record established beyond genuine dispute that defendants did not deliberately
    disregard Moss’s serious medical needs. See Allard v. Baldwin, 
    779 F.3d 768
    ,
    771-72 (8th Cir.) (grant of summary judgment reviewed de novo; to prevail on
    deliberate-indifference claim, plaintiff must show that he suffered from objectively
    serious medical need, and that prison officials knew of, but deliberately disregarded,
    those needs), cert. denied, No. 15-5247, 
    2015 WL 4388293
    (U.S. Oct. 5, 2015). We
    further conclude that Moss failed to assert a proper basis for a claim under the
    Americans with Disabilities Act (ADA). Cf. Dinkins v. Corr. Med. Servs., 
    743 F.3d 1
           The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
    District of Arkansas.
    -2-
    633, 634-35 (8th Cir. 2014) (per curiam) (ADA claim cannot be based on medical
    treatment decisions). However, we modify the judgment so that the dismissal of
    Moss’s state-law claims is without prejudice. See Franklin v. Zain, 
    152 F.3d 783
    , 786
    (8th Cir. 1998) (modifying judgment to dismiss without prejudice pendent state-law
    claim where district court had properly dismissed § 1983 claims). Finally, we
    conclude that the requested relief in the pending motion is not warranted. See Greer
    v. St. Louis Reg’l Med. Ctr., 
    258 F.3d 843
    , 846 (8th Cir. 2001) (notice of appeal that
    specifies final judgment should be understood to bring up for review all previous
    rulings and orders that served as predicate for final judgment).
    Accordingly, we affirm the judgment as modified, see 8th Cir. R. 47B, and we
    deny the pending motion.
    ______________________________
    -3-
    

Document Info

Docket Number: 15-1382

Judges: Loken, Bowman, Murphy

Filed Date: 11/12/2015

Precedential Status: Non-Precedential

Modified Date: 3/1/2024