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Johnson v. Kelley

United States Court of Appeals, Eighth Circuit
Aug 9, 2021
No. 21-1551 (8th Cir. Aug. 9, 2021)

Opinion

21-1551

08-09-2021

Michael Andrew Johnson Plaintiff - Appellant v. Wendy Kelley, Director, Arkansas Department of Correction; Byron Brown, Lieutenant, Wrightsville Unit, Department of Correction (originally named as Brown); Jada Lawrence, Assistant to Director Kelley, Arkansas Department of Correction (originally named as Jada Lawerence); Lyn Bennett, Assistant to Director Kelley, Arkansas Department of Correction; Mindy Shell, Assistant to Director Kelley, Arkansas Department of Correction Defendants-Appellees


UNPUBLISHED

Submitted: August 4, 2021

Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff

Before SHEPHERD, GRASZ, and STRAS, Circuit Judges.

PER CURIAM

Arkansas prisoner Michael Johnson appeals the district court's adverse grant of summary judgment on his claim that prison officials were deliberately indifferent by failing to protect him from an assault by fellow prisoners. After careful de novo review of the record and the parties' arguments on appeal, we conclude the district court properly granted summary judgment. See Holden v. Hirner, 663 F.3d 336, 340 (8th Cir. 2011) (standard of review); see also Patterson v. Kelley, 902 F.3d 845, 851 (8th Cir. 2018) (noting an inmate must show he faced substantial risk of harm and a prison official was deliberately indifferent to that risk to prevail on failure-to-protect claim). Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas, adopting the findings and recommendations of the Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.


Summaries of

Johnson v. Kelley

United States Court of Appeals, Eighth Circuit
Aug 9, 2021
No. 21-1551 (8th Cir. Aug. 9, 2021)
Case details for

Johnson v. Kelley

Case Details

Full title:Michael Andrew Johnson Plaintiff - Appellant v. Wendy Kelley, Director…

Court:United States Court of Appeals, Eighth Circuit

Date published: Aug 9, 2021

Citations

No. 21-1551 (8th Cir. Aug. 9, 2021)