Werner Rummer v. State of North Dakota ( 2016 )


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  •                United States Court of Appeals
                              For the Eighth Circuit
                          ___________________________
    
                                  No. 16-1131
                          ___________________________
    
                              Werner Wolfgang Rummer
    
                         lllllllllllllllllllll Plaintiff - Appellant
    
                                             v.
    
     State of North Dakota; ND Department of Corrections; ND State Penitentiary;
    Rough Rider Industries; Leann K. Bertsch; Timothy Schuetzle; Dennis Francazi;
      Dennis Kroh; Pete Fried; Steve Johnson; Robyn T. Schmalenberger; Darcy
               Klimpel; Kathy Bachmeier; Jessica Wilkins; John Hagan
    
                        lllllllllllllllllllll Defendants - Appellees
                                         ____________
    
                      Appeal from United States District Court
                     for the District of North Dakota - Bismarck
                                    ____________
    
                            Submitted: December 21, 2016
                             Filed: December 28, 2016
                                   [Unpublished]
                                   ____________
    
    Before SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
                              ____________
    
    PER CURIAM.
           North Dakota inmate Werner Wolfgang Rummer appeals the district court’s1
    adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Viewing the
    summary judgment record in a light most favorable to Mr. Rummer, and drawing all
    reasonable inferences in his favor, see Peterson v. Kopp, 
    754 F.3d 594
    , 598 (8th Cir.
    2014) (de novo review), we agree with the district court that there were no jury issues
    on Mr. Rummer’s claims of deliberate indifference to his serious medical needs. See
    Nelson v. Shuffman, 
    603 F.3d 439
    , 449 (8th Cir. 2010) (inmate’s mere difference of
    opinion over matters of expert medical judgment or course of medical treatment do
    not amount to constitutional violation); Popoalii v. Corr. Med. Servs., 
    512 F.3d 488
    ,
    499 (8th Cir. 2008) (deliberate indifference is akin to criminal recklessness, and
    inmate must show more than even gross negligence); see also Jackson v. Riebold, 
    815 F.3d 1114
    , 1119-20 (8th Cir. 2016) (inmate must place verifying medical evidence
    in record to establish detrimental effect of medical treatment delay). The judgment
    of the district court is affirmed. See 8th Cir. R. 47B.2
                              ______________________________
    
    
    
    
          1
           The Honorable Daniel L. Hovland, Chief Judge, United States District Court
    for the District of North Dakota, adopting the report and recommendations of the
    Honorable Charles S. Miller, Jr., United States Magistrate Judge for the District of
    North Dakota.
          2
           We have not considered Mr. Rummer’s challenges to orders denying his
    motions for counsel and discovery, including a discovery hearing, because the orders
    were issued by the magistrate and he did not object to the orders below. See Fed. R.
    Civ. P. 72(a) (where pretrial matter not dispositive of party’s claim is referred to
    magistrate, party may serve and file objections to magistrate’s order within 14 days;
    party may not assign error defect in order not timely objected to); see also St. Jude
    Med. S.C., Inc. v. Tormey, 
    779 F.3d 894
    , 901-02 (8th Cir. 2015) (party could not
    challenge magistrate’s nondispositive pretrial discovery order on appeal as he did not
    timely file objections before district court).
    
                                             -2-
    

Document Info

DocketNumber: 16-1131

Filed Date: 12/28/2016

Modified Date: 12/28/2016