Opinion
No. 05-4082.
Submitted: May 22, 2007.
Filed: May 29, 2007.
Appeal from the United States District Court for the Eastern District of Arkansas.
John M. Harris, Dermott, AR, pro se.
Michelle Banks Odum, Humphries Lewis, White Hall, AR, for Appellee.
Before COLLOTON, BEAM, and BENTON, Circuit Judges.
[UNPUBLISHED]
Arkansas inmate John Harris appeals the district court's dismissal of his 42 U.S.C. § 1983 action following an evidentiary hearing. Because Harris did not make a jury demand, we review the district court's factual findings for clear error and its conclusions of law de novo. See Choate v. Lockhart, 7 F.3d 1370, 1373 n. 1 (8th Cir. 1993). Harris claimed that Nurse Shirley Crawford was deliberately indifferent to his serious medical need when she administered a TB skin-injection test to him, even though she knew he would have a positive reaction, and that she did not properly treat his arm in the days following the injection. He claimed that his arm became swollen, red, and painful, and that he has a permanent scar from the injection. We agree with the district court that Harris did not show the TB test posed a substantial risk of serious harm, see Farmer v. Brennan, 511 U.S. 825, 832-33, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994); Helling v. McKinney, 509 U.S. 25, 36, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993), and that Harris did not show Crawford denied him proper treatment in the days following the injection, see Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).
The Honorable William R. Wilson, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas.
Accordingly, we affirm.