Don/McC Cook/Solo v. Jeffrey Stieve

United States Court of Appeals
For the Eighth Circuit
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No. 16-3802
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Don/McC Cook/Solo
lllllllllllllllllllll Plaintiff - Appellant
v.
Jeffrey Stieve, Medical Director, Corrrect Care Solutions; Arkansas State Prison;
Aric Simmons, APN, Practitioner, Correct Care Solution; Brett Butler, Medical
Doctor, Correct Care Solution, a Tennessee Corporation
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: November 8, 2017
Filed: November 14, 2017
[Unpublished]
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Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Arkansas prisoner Don/McC Cook/Solo (Solo) appeals the district court’s1
adverse grant of summary judgment in favor of Dr. Jeffrey Stieve in this pro se 42
U.S.C. § 1983 action. Upon careful de novo review, see United States v. Dico, Inc.,
808 F.3d 342, 346 (8th Cir. 2015), we conclude that Solo demonstrated neither
deliberate indifference nor unconstitutional retaliation by Dr. Stieve. See Meuir v.
Greene Cty. Jail Emps., 487 F.3d 1115, 1118 (8th Cir. 2007) (prison physicians are
free to exercise independent medical judgment); Long v. Nix, 86 F.3d 761, 765 (8th
Cir. 1996) (prison officials do not violate Eighth Amendment when, in exercising
professional judgment, they refuse to implement inmate’s requested course of
treatment). Accordingly, we affirm the judgment. See 8th Cir. R. 47B.
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1
The Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern
District of Arkansas, to whom the case was referred for final disposition by consent
of the parties pursuant to 28 U.S.C. § 636(c).
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