Timothy Johnson v. Martha Hamilton etc., 452 F.3d 967 (8th Cir. 2006). · Go Syfert
Timothy Johnson v. Martha Hamilton etc., 452 F.3d 967 (8th Cir. 2006). Cases Citing This Book View Copy Cite
Quick Summary

A corporation acting under color of state law is liable under § 1983 only for its own unconstitutional policies, customs, or official actions that inflict an actionable injury.

An inmate sued prison officials and a private medical corporation under 42 U.S.C. § 1983, alleging excessive force, deliberate indifference to medical needs, and due process violations following a physical altercation. The court addresses whether a private corporation acting under color of state law can be held liable for the negligence of its employees. The court applies the rule that a corporation acting under color of state law will only be held liable under § 1983 for its own unconstitutional policies, customs, or official actions that inflict an actionable injury. Because the plaintiff failed to identify any such policy or custom by the medical corporation, the court affirms the summary judgment in favor of the defendants.

321 citation events (321 in the last 25 years) across 15 distinct courts.
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At page 973 Showing actionable injury for state actor claims189 citing cases“must show that there was a policy, custom, or official action that inflicted an actionable injury.”101 citing courts quote it · 187 listed here
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  • Willis, No. 4:25-cv-04127 (D.S.D. Mar. 20, 2026).
    Mo. Sept. 6, 2023) (quoting Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006)). “[T]o prove a policy, custom or action, [the plaintiff] must show ‘a continuing, widespread, persistent pattern of unconstitutional misconduct” by the cor…
  • Calmese, No. 2:25-cv-00055 (E.D. Mo. Feb. 6, 2026).
    Rather, to support a claim against such a corporation, the plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Rawlings, No. 4:25-cv-01294 (E.D. Mo. Feb. 3, 2026).
    To state a claim against a corporation, a plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); Sanders, 984 F.2d at 975-76 (s…
  • Mills, No. 4:24-cv-00680 (E.D. Mo. Dec. 30, 2025).
    Rather, to support a claim against such a corporation, Mills “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Sanders v. S…
  • Martin, No. 4:23-cv-01037 (E.D. Mo. Dec. 19, 2025).
    (discussing a § 1983 claim against a prison medical provider)
  • Merryman, No. 2:25-cv-02140 (W.D. Ark. Nov. 21, 2025).
    (involving a § 1983 claim)
  • Fotoohighiam v. The City of Columbia Missouri, No. 2:24-cv-04182 (W.D. Mo. Oct. 2, 2025).
    Rather, to support a claim against such a corporation, the plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Sand…
  • Bass v. Douglas Cnty. Corr., No. 8:24-cv-00353 (D. Neb. Sept. 29, 2025).
    Brockinton v. City of Sherwood, Ark., 503 F.3d 667, 674 (8th Cir. 2007); Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Snyder v. Dakota City Corr. Facility, No. 8:24-cv-00435 (D. Neb. Sept. 4, 2025).
    Brockinton v. City of Sherwood, Ark., 503 F.3d 667, 674 (8th Cir. 2007); Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Rockwell v. Strohmyer, No. 8:24-cv-00265 (D. Neb. Aug. 12, 2025).
    Brockinton v. City of Sherwood, Ark., 503 F.3d 667, 674 (8th Cir. 2007); Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Ware v. Centurion Health Care, No. 4:24-cv-01008 (E.D. Mo. Aug. 8, 2025).
    DISCUSSION As the Court stated in its prior order, to maintain a § 1983 suit against a corporation such as Centurion, the plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnso…
  • Davis v. Cox, No. 4:23-cv-04101 (W.D. Ark. Aug. 7, 2025).
    Veatch v. Bartels Lutheran Home, 627 F.3d 1254, 1257 (8th Cir. 2010); Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Woods v. City of St. Louis, Missouri, No. 4:24-cv-00868 (E.D. Mo. July 25, 2025).
    Rather, to support a claim against such a corporation, Plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Lam v. VitalCore Health Strategies, No. 4:24-cv-01282 (E.D. Mo. July 7, 2025).
    Rather, to maintain a § 1983 claim against such a corporation, Plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Lawrence v. Reed, No. 1:24-cv-00204 (E.D. Mo. June 16, 2025).
    That is, Centurion cannot be liable for deliberate § 1983 claim against Centurion, Plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th C…
  • Render v. Centurion, No. 4:24-cv-01740 (E.D. Mo. June 12, 2025).
    Rather, to support such a claim, a plaintiff “must show that there was a policy, custom, or official act that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006) (citing Sanders v. Sears Roebuck & Co., 9…
  • Boyle v. Missouri Dep't of Corr., No. 1:25-cv-00013 (E.D. Mo. May 7, 2025).
    In order to state a claim against a corporation like Centurion, Plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); Sanders…
  • Turner v. Long, No. 8:24-cv-00492 (D. Neb. May 1, 2025).
    Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Pickens v. Long, No. 8:24-cv-00494 (D. Neb. Apr. 15, 2025).
    Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Adaway v. Precythe, No. 4:23-cv-01660 (E.D. Mo. Apr. 9, 2025).
    To support a claim against a corporation, a plaintiff “must show that there was a policy, custom, or official act that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Sanders v. Sears, Roeb…
  • Andrews v. Well Path, No. 4:24-cv-00455 (E.D. Ark. Dec. 10, 2024).
    Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); Sanders v. Sears Roebuck & Co., 984 F.2d 972 , 975-976 (8th Cir. 1993).
  • Ware v. Corr. of Med., No. 4:24-cv-00525 (E.D. Mo. Oct. 31, 2024).
    To support a claim against a corporation, however, Plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Sanders v. S…
  • Kruel v. John Doe, No. 5:24-cv-05016 (W.D. Ark. Oct. 8, 2024).
    To sustain a claim against Defendant Trinity Service Group, Kruel must show “there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006) (citation omitted).
  • McSean v. Bullock, No. 4:23-cv-01174 (E.D. Mo. Sept. 13, 2024).
    Rather, to support a claim against such a corporation, the plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Stea…
  • Hebert v. Centurion, No. 2:24-cv-00014 (E.D. Mo. Aug. 27, 2024).
    To support such a claim, a plaintiff “must show that there was a policy, custom, or official act that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Sanders v. Sears, Roebuck & Co., 984 F.…
  • Patterson v. Centurion Med. Provider, No. 4:23-cv-01536 (E.D. Mo. Aug. 7, 2024).
    Rather, to support such a claim, a plaintiff “must show that there was a policy, custom, or official act that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Sanders v. Sears, Roebuck & Co.…
  • Patterson v. Centurion Med. Provider, No. 4:23-cv-01536 (E.D. Mo. Apr. 1, 2024).
    Rather, to support a claim against such a corporation, the plaintiff “must show that there was a policy, custom, or official act that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); see also Sanders…
  • Vickers v. Dennis, No. 4:24-cv-04014 (W.D. Ark. Apr. 1, 2024).
    To sustain an official capacity claim against such an entity a plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Ware v. Keefe Commissary, No. 4:24-cv-00466 (E.D. Mo. Mar. 29, 2024).
    Rather, to support a claim against such a corporation, the plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Allen v. Arkansas Div. of Corr., No. 4:24-cv-00175 (E.D. Ark. Mar. 13, 2024).
    Id.; Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); Sanders v. Sears Roebuck & Co., 984 F.2d 972, 975-976 (8th Cir. 1993).
  • Luna v. Gentry, No. 4:22-cv-04048 (W.D. Ark. Jan. 18, 2024).
    See also West v. Atkins, 487 U.S. 42, 57 , (1988) (because the provision of medical services to inmates is “state action fairly attributable to the State,” medical personnel act “under color of state law for purposes of [Section] 1983”); M…
  • Scott Logan v. Sergeant Solice, No. 3:22-cv-03023 (W.D. Ark. Dec. 12, 2023).
    To state a claim against Turn Key, Logan “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Russell v. Runion, No. 4:22-cv-04073 (W.D. Ark. Nov. 30, 2023).
    Veatch, 627 F.3d at 1275 ; Johnson, 452 F.3d at 973.
  • Ashley v. Tippen, No. 4:23-cv-00739 (E.D. Mo. Sept. 18, 2023). 2 cites
    In order to state a claim against a private corporation like Centurion, a plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006)…
  • Napper v. Tidwell, No. 1:23-cv-00084 (E.D. Mo. Sept. 18, 2023).
    Rather, to support a claim against such a corporation, the plaintiff “must show that there was a policy, custom, or official action that inflicted an actionable injury.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006).
  • Pratt v. Cearly, No. 1:22-cv-01040 (W.D. Ark. Sept. 14, 2023).
    Thus, Plaintiff's official capacity claims against County Defendants are “functionally equivalent,” Veatch, 627 F.3d at 1257 , to alleging their employer, Miller County, had “a policy, custom, or [took an] official action” that deprived hi…
  • Pratt v. Juno, No. 1:22-cv-01039 (W.D. Ark. Sept. 14, 2023).
    Thus, Plaintiff's official capacity claims against County Defendants are “functionally equivalent,” Veatch, 627 F.3d at 1257 , to alleging their employer, Miller County, had “a policy, custom, or [took an] official action” that deprived hi…
  • Kirkland v. Montgomery, No. 3:23-cv-05045 (W.D. Mo. Sept. 12, 2023).
    An access to the courts claim must show that Plaintiffs “suffered an actual injury or prejudice as a result of the alleged denial of access.” Johnson v. Hamilton, 452 F.3d 967, 973 (8th Cir. 2006); Ferguson v. New Mexico Corr.
  • Maness v. Dist. Court of Logan Cnty.-N. Div., 495 F.3d 943 (8th Cir. 2007).published
  • Jenkins v. Cnty. of Hennepin, Minn., 557 F.3d 628 (8th Cir. 2009).published
  • Patrick A. Dadd v. Anoka Cnty., 827 F.3d 749 (8th Cir. 2016).published
  • Randall Corwin v. City of Indep., MO., 829 F.3d 695 (8th Cir. 2016).published
  • Richard Joh v. Paul Suhey, 709 F. App'x 729 (3d Cir. 2017).unpublished
  • David Brodigan v. Ben Swink, No. 21-1718 (8th Cir. Dec. 10, 2021).unpublished
  • Forrest Harris v. Corizon, LLC, No. 20-3094 (8th Cir. May 9, 2022).unpublished
  • Davis v. Pulaski Cnty. Arkansas, No. 4:19-cv-00643 (E.D. Ark. July 8, 2021).
  • Kemp v. Correct Care Solution, Inc., No. 6:17-cv-06084 (W.D. Ark. Dec. 13, 2018).
  • Lockett v. Smith, No. 4:18-cv-04007 (W.D. Ark. Dec. 17, 2018).
  • Proctor v. Foltz, No. 4:18-cv-04015 (W.D. Ark. Jan. 8, 2019).
  • Proctor v. King, No. 4:18-cv-04029 (W.D. Ark. Jan. 10, 2019).
  • Carlisle v. Long, No. 5:18-cv-05056 (W.D. Ark. Mar. 25, 2019).
  • Robertson v. McCormick, No. 6:17-cv-06064 (W.D. Ark. May 6, 2019).
  • Solis v. Jones, No. 4:19-cv-04025 (W.D. Ark. June 24, 2019).
  • Shipp v. Hoffman, No. 4:18-cv-04017 (W.D. Ark. July 15, 2020).
  • Leatherwood v. King, No. 4:20-cv-04061 (W.D. Ark. Mar. 2, 2021).
  • Leeuwen v. Boone Cnty. Officer Cameron, No. 3:20-cv-03027 (W.D. Ark. Mar. 22, 2021).
  • McKee v. Correct Care Solutions, LLC, No. 6:18-cv-06117 (W.D. Ark. May 26, 2021).
  • Scott v. Dayton, No. 0:11-cv-03714 (D. Minn. Jan. 3, 2023).
  • Davidson v. Dayton, No. 0:11-cv-03733 (D. Minn. Jan. 3, 2023).
  • Stevens v. Dayton, No. 0:12-cv-00495 (D. Minn. Jan. 3, 2023).
  • Fries v. Dayton, No. 0:12-cv-00062 (D. Minn. Jan. 3, 2023).
  • Hartleib v. Dayton, No. 0:12-cv-00344 (D. Minn. Jan. 3, 2023).
  • White v. Dayton, No. 0:11-cv-03702 (D. Minn. Jan. 3, 2023).
  • Hajek v. Dayton, No. 0:12-cv-00343 (D. Minn. Jan. 3, 2023).
  • Williams v. Dayton, No. 0:12-cv-00881 (D. Minn. Jan. 3, 2023).
  • Watson v. Driskill, No. 4:18-cv-00764 (E.D. Mo. Jan. 13, 2020).
  • Robison v. Salsmen, No. 4:19-cv-02665 (E.D. Mo. Jan. 28, 2020).
  • Hardman v. Corizon Med. Servs., No. 1:19-cv-00209, 2020 WL 686025 (E.D. Mo. Feb. 11, 2020).
  • Robison v. Salemen, No. 4:19-cv-02368 (E.D. Mo. Feb. 11, 2020).
  • Robison v. Hovis, No. 4:19-cv-02292 (E.D. Mo. Mar. 10, 2020).
  • Barber v. Hill, No. 1:19-cv-00235 (E.D. Mo. May 20, 2020).
  • Cook v. Lockhart, No. 2:20-cv-00024 (E.D. Mo. June 22, 2020).
  • Hill v. Caruthersville, City of, No. 1:20-cv-00043 (E.D. Mo. Sept. 24, 2020).
  • Sutton v. Corizon Health Inc., No. 1:20-cv-00160 (E.D. Mo. Oct. 29, 2020).
  • Ware v. St. Louis City Just. Ctr., No. 4:20-cv-01065, 2020 WL 7240445 (E.D. Mo. Dec. 9, 2020).
  • Engel v. Missouri Dep't of Corr., No. 4:20-cv-01430 (E.D. Mo. Dec. 22, 2020).
  • Engel v. MODOC, No. 4:20-cv-01668 (E.D. Mo. Dec. 28, 2020).
  • Engel v. Corizon, No. 4:20-cv-01812 (E.D. Mo. Jan. 6, 2021).
  • Engel v. State, Missouri, No. 4:20-cv-01906 (E.D. Mo. Jan. 21, 2021).
  • Engel v. Missouri Dep't of Corr., No. 4:20-cv-01694 (E.D. Mo. Jan. 22, 2021).
  • Engel v. ERDCC, No. 4:20-cv-01765 (E.D. Mo. Feb. 1, 2021).
  • Engel v. Corizon, No. 4:20-cv-01738 (E.D. Mo. Jan. 27, 2021).
  • Engel v. CO1, No. 4:20-cv-01801 (E.D. Mo. Feb. 1, 2021).
  • Engel v. ERDCC, No. 4:20-cv-01765 (E.D. Mo. Jan. 28, 2021).
  • Wibbenmeyer v. Moody, No. 4:20-cv-00461 (E.D. Mo. Feb. 10, 2021).
  • Mull v. Corizon Health, No. 4:20-cv-01207 (E.D. Mo. Feb. 11, 2021).
  • Engel v. Corizon, No. 4:20-cv-01829 (E.D. Mo. Feb. 23, 2021).
  • Engel v. CO1, No. 4:20-cv-01905 (E.D. Mo. Mar. 2, 2021).
  • Engel v. ERDCC, No. 4:20-cv-01820 (E.D. Mo. Mar. 9, 2021).
  • Engel v. Corizon, No. 4:20-cv-01828 (E.D. Mo. Mar. 12, 2021).
  • Engel v. Corizon, No. 4:20-cv-01944 (E.D. Mo. Mar. 23, 2021).
  • Woodson v. Unknown, No. 4:21-cv-00314 (E.D. Mo. Aug. 2, 2021).
  • Engel v. Corizon, No. 4:20-cv-01940 (E.D. Mo. Mar. 22, 2021).
  • Engel v. ERDCC, No. 4:20-cv-01918 (E.D. Mo. May 20, 2021).
  • Engel v. Corizon, No. 4:21-cv-00716 (E.D. Mo. June 30, 2021).
  • Henningfeld v. Tippen, No. 1:21-cv-00033 (E.D. Mo. July 15, 2021).
  • Engel v. Corizon, No. 4:21-cv-00714 (E.D. Mo. July 12, 2021).
  • Bledsoe v. Missouri Dep't of Corr., No. 4:21-cv-00010 (E.D. Mo. July 19, 2021).
  • Fleeman v. Missouri Dep't of Corr., No. 2:20-cv-00081 (E.D. Mo. July 9, 2021).
  • Engel v. Corizon Med. Servs., No. 4:21-cv-00937 (E.D. Mo. July 30, 2021).
  • Vaughn v. Wallace, No. 4:21-cv-00718 (E.D. Mo. July 30, 2021).
  • Clark v. Phelps Cnty., No. 4:20-cv-00716 (E.D. Mo. Aug. 10, 2021).
  • Engel v. Corizon, No. 4:21-cv-00938 (E.D. Mo. Aug. 19, 2021).
  • Scrivens v. Advanced Corr. Healthcare, Inc., No. 4:21-cv-00355 (E.D. Mo. Sept. 23, 2021).
  • Endicott v. Hurley, No. 2:14-cv-00107 (E.D. Mo. Sept. 27, 2021).
  • Beal v. Harry, No. 4:21-cv-00629 (E.D. Mo. Nov. 18, 2021).
  • Winters v. Greenwell, No. 1:21-cv-00116 (E.D. Mo. Feb. 2, 2022).
  • Smith v. Lisenbe, No. 4:20-cv-00804 (E.D. Mo. Feb. 10, 2022).
  • Wallace v. Crouch, No. 4:21-cv-01036 (E.D. Mo. Feb. 25, 2022).
  • Malloy v. Missouri Dep't of Corr., E. Reception Diagnostics & Corr. Ctr., No. 4:21-cv-00777 (E.D. Mo. Feb. 28, 2022).
  • Scrivens v. Advanced Corr. Healthcare, Inc., No. 4:21-cv-00355 (E.D. Mo. Apr. 15, 2022).
  • Brown v. City of Saint Louis, Missouri, No. 4:18-cv-01676 (E.D. Mo. May 12, 2022).
  • Edmonds v. Corizon, LLC, No. 4:20-cv-00946 (E.D. Mo. Aug. 17, 2022).
  • Weyant v. Hubbard, No. 4:21-cv-01092 (E.D. Mo. Sept. 6, 2022).
  • Bulfin v. Rainwater, No. 4:20-cv-00689 (E.D. Mo. Nov. 21, 2022).
  • Manzella v. Angela M. Adams, No. 4:22-cv-01338 (E.D. Mo. Dec. 15, 2022).
  • Brown v. Corizon Inc., No. 2:22-cv-00052 (E.D. Mo. Jan. 10, 2023).
  • Lawrence v. Reed, No. 1:22-cv-00102 (E.D. Mo. Feb. 14, 2023).
  • McGinness v. Lester, No. 4:22-cv-00085 (E.D. Mo. May 22, 2023).
  • Phillips v. Rice, No. 4:23-cv-00825 (E.D. Mo. Sept. 6, 2023).
  • Smith v. Eberhardt, No. 8:20-cv-00357 (D. Neb. Dec. 23, 2020).
  • Heckard v. Foxhall, No. 8:20-cv-00143 (D. Neb. Jan. 12, 2021).
  • Carter v. South Dakota Dept. of Corr., No. 4:22-cv-04103 (D.S.D. Jan. 18, 2023).
  • Joe Cannon v. Michael Dehner, 112 F.4th 580 (8th Cir. 2024).published
  • De Rossitte v. Vowell., No. 6:17-cv-06043 (W.D. Ark. Sept. 11, 2019).
  • Lowery v. King, No. 4:18-cv-04108 (W.D. Ark. Sept. 30, 2019).
  • Johnson v. King, No. 4:19-cv-04111 (W.D. Ark. Oct. 2, 2020).
  • Morris v. Walker, No. 4:20-cv-04101 (W.D. Ark. June 22, 2022).
  • Hurst v. Sikes, No. 5:20-cv-05158 (W.D. Ark. Mar. 24, 2022).
  • Morgan v. Hinely, No. 5:21-cv-05114 (W.D. Ark. July 21, 2022).
  • Morris v. Walker, No. 4:20-cv-04101 (W.D. Ark. July 29, 2022).
  • Piel v. Runion, No. 2:21-cv-02210 (W.D. Ark. Sept. 14, 2022).
  • Henson v. Foster, No. 5:21-cv-05214 (W.D. Ark. Feb. 10, 2023).
  • Heishman v. Butler, No. 4:22-cv-04013 (W.D. Ark. July 5, 2023).
  • Hice v. Phelps, No. 2:21-cv-02151 (W.D. Ark. July 20, 2023).
  • Hochstetler v. Risley, No. 8:24-cv-00254 (D. Neb. July 2, 2025).
  • Harold David Fogle v. Stephen Korte, Et Al., No. 2:25-cv-00077 (E.D. Mo. Mar. 6, 2026).
  • Cochran, No. 2:25-cv-00036 (E.D. Mo. July 10, 2026).
  • Zinselmeier, No. 4:25-cv-01893 (E.D. Mo. Aug. 5, 2026).
  • Payne v. Langley, No. 4:24-cv-00278 (E.D. Ark. May 9, 2024).
  • Lewis v. Holloway, No. 5:17-cv-05099 (W.D. Ark. Dec. 11, 2018).
  • Choate v. Runion, No. 4:20-cv-04109 (W.D. Ark. Aug. 16, 2022).
  • Choate v. Runion, No. 4:20-cv-04109 (W.D. Ark. Aug. 30, 2022).
  • Choate v. Runion, No. 4:20-cv-04109 (W.D. Ark. Aug. 30, 2023).
  • Choate v. Runion, No. 4:20-cv-04109 (W.D. Ark. Sept. 11, 2023).
  • Nolen v. Cash, No. 6:21-cv-06092 (W.D. Ark. Sept. 25, 2023).
  • Luna v. Gentry, No. 4:22-cv-04098 (W.D. Ark. Sept. 29, 2023).
  • Ventry v. Correct Care Solutions Corp., No. 5:18-cv-00301 (E.D. Ark. May 15, 2019).
  • Judah v. Ovsak, 550 F. Supp. 3d 687 (D. Minn. 2021).published
  • Garcia v. Richards, No. 2:18-cv-00041 (E.D. Mo. Oct. 21, 2019).
  • Little v. Corizon, No. 4:19-cv-01391 (E.D. Mo. Oct. 21, 2019).
  • Robison v. Sanderson, No. 4:19-cv-01182 (E.D. Mo. Nov. 18, 2019).
  • Issac v. Missouri Dep't of Corr., No. 1:19-cv-00173 (E.D. Mo. Nov. 19, 2019).
  • Little v. Corizon, No. 4:19-cv-01391 (E.D. Mo. Nov. 25, 2019).
  • Houston v. McKinney, No. 4:19-cv-01901 (E.D. Mo. Dec. 17, 2019).
  • Hoffmann v. Precythe, No. 4:18-cv-00790 (E.D. Mo. Feb. 6, 2020).
  • Proby v. Corizon Med. Servs., No. 1:18-cv-00293 (E.D. Mo. Apr. 27, 2020).
  • Booth v. Corizon, No. 4:20-cv-00587 (E.D. Mo. May 8, 2020).
  • Merritt v. Payne, No. 4:19-cv-03101 (E.D. Mo. May 15, 2020).
  • Fleeman v. Corizon, No. 2:19-cv-00075, 2020 WL 3288395 (E.D. Mo. June 18, 2020).
  • Bodway v. Hastings, No. 4:19-cv-02966 (E.D. Mo. June 29, 2020).
  • Felber v. Doyle, No. 4:20-cv-00698 (E.D. Mo. July 7, 2020).
  • Wilmas v. Renshaw, No. 4:20-cv-01020 (E.D. Mo. Feb. 25, 2021).
  • Brodigan v. Swink, No. 4:18-cv-00273 (E.D. Mo. Mar. 4, 2021).
  • Engel v. Corizon, No. 4:20-cv-01902 (E.D. Mo. Mar. 19, 2021).
  • Engel v. MODOC, No. 4:20-cv-01796 (E.D. Mo. Apr. 30, 2021).
  • Blue v. Dr. Tippen, No. 4:21-cv-00689 (E.D. Mo. Dec. 3, 2021).
  • Winters v. Greenwell, No. 1:21-cv-00116 (E.D. Mo. Jan. 12, 2022).
  • Grady v. St. Louis City Just. Ctr., No. 4:21-cv-00393 (E.D. Mo. Jan. 21, 2022).
  • Wallace v. Crouch, No. 4:21-cv-01036 (E.D. Mo. Feb. 8, 2022).
  • Ray v. Williams, No. 4:21-cv-00818 (E.D. Mo. Apr. 20, 2022).
  • Rios Rosa v. Stange, No. 1:22-cv-00126 (E.D. Mo. Nov. 7, 2022).
  • Vaughn v. EBO Labs, No. 1:23-cv-00079 (E.D. Mo. July 14, 2023).
  • Harrison v. Hakala, No. 1:23-cv-00047 (E.D. Mo. Aug. 21, 2023).
  • Fisher v. Precythe, No. 2:22-cv-00076 (E.D. Mo. Sept. 22, 2023).
  • Mills v. Precythe, No. 4:24-cv-00680 (E.D. Mo. Feb. 6, 2025).
  • Halkmon, No. 4:25-cv-00784 (E.D. Mo. Jan. 13, 2026).
At page 971 Reviewing summary judgment standards and objective seriousness12 citing casesstandard of review1 citing court put it this way
Show 2 more citing cases
At page 972 Setting forth evidence to prove claims and deliberate indifference5 citing cases“officers are permitted to use force reasonably in a good-faith effort to maintain or restore discipline, as long as they do not use force maliciously and sadistically to cause harm.”1 citing court quotes it
Retrieving the full opinion text from the archive…
Timothy JOHNSON, Appellant,
v.
Martha HAMILTON; Dr. Jacques Lamour; Jane Doe, (Sarah), Nurse; David Dormire; Gary B. Kempker; Lisa Jones; Joseph Jay Cassady, Constituent Service Assistant; Bowen Clifton, FUM 5-C; Charlie Verdugo, CCW 5-C; Bill Galloway, Assistant Superintendent; Marian Ortbals, FUM; Elmer Wankum, FUM; Arthur Woods, Associate Superintendent; Susie Akers, Nurse; R. Bainbridge, CCA; Stanley Keeley, CCA; Robert Walling, Lt. CO III; Michael Campbell, Lt. CO III; Judy McClendon, Sgt.; Gene James, CCW; Denise Ponder, Medical Director at JCCC; David Webster, Caseworker; Stanley C. Swicord, CCA; Wanda Roam, JCCC Prison Investigator; Dora B. Schriro, Former Director JCCC; Sam Plaster, JCCC Prison Investigator; Candace Palmer, Medical Director of Nurses JCCC; Charles Turner; Robert Campbell; Tanya Kempker; Fred Johnson; Stan Jackson; Augustus Hannel; Bryan Goeke; Charles Dwyer; Richard Corser; Garry Branch; Charles Baker; Tom King; Mr. Mayberry; William Kitc-Hell; John Appelberry; Sanders; William P. Nickelson; Kim Wates; Steven Long; Sharon Gifford; Michael J. Layden; Steven Gifford; Linda Wilk-Son; Melody Haney; Don Roper; Ian Wallace; Correctional Medical Services, Inc.; Tim Watson; Allen Courville, Appellees
05-1453.
Court of Appeals for the Eighth Circuit.
Jul 5, 2006.
Published opinion
452 F.3d 967
2006 U.S. App. LEXIS 16767
Kevin L. Schriener, argued, Clayton, Missouri, for appellant., Peter Dunee, argued, St. Louis, Missouri (Jessica L. Liss, on the brief), for appellee Correctional Medical Services., Matthew B. Briesacher, argued, Assistant Attorney General, of Jefferson City, Missouri (Jeremiah W. (Jay) Nixon, on the brief), for appellee.
Wollman, Lay, Arnold.
Cited by 1 opinion  |  Published
2 passages pin-cited by 2 cases
Citer courts: E.D. Missouri (3) · W.D. Arkansas (1)

Lead Opinion

WOLLMAN, Circuit Judge.

Timothy Johnson appeals the district court’s[1] grant of summary judgment in favor of several current and former employees of the Missouri Department of Corrections, Correctional Medical Services, Inc. (Correctional Medical), Dr. Jac-que Lamour, Sarah (Jane) Doe, and Candace Palmer. We affirm.

I.

Johnson is an inmate in the Missouri Department of Corrections. On May 2, 2000, while being held at the Jefferson City Correctional Center, he was involved in a physical confrontation with David Webster and Stanley Swicord, who at that time were employed by the Missouri Department of Corrections as, respectively, a caseworker and a classification assistant. Earlier that morning, Webster had observed Johnson wearing a hoop earring, which was prohibited in that institution. Webster confiscated the hoop earring and told Johnson that he would be issued a conduct violation. A short time later, Webster escorted Johnson to Swicord’s office to be interviewed about the conduct violation. At the conclusion of the interview, Johnson began to leave the office, whereupon Webster noticed what appeared to be a prohibited diamond earring in Johnson’s ear. Webster ordered Johnson to stop and to return to the office, and Johnson did so.

The individual accounts of the events which followed are inconsistent. Johnson testified that Webster grabbed his hair, twisted his head, and attempted to pull the earring from his ear. According to Johnson’s account, he pushed Webster away and that when Webster again approached[*971] him, Johnson struck Webster, sending him down to one knee. Swieord then attempted to intervene by throwing a metal paper holder at Johnson. The paper holder missed Johnson, and Swieord moved to physically restrain him.

According to Johnson’s testimony, Webster struck him with “a couple” of glancing blows while he was being restrained by Swieord. Johnson and Swieord then fell, with Swieord pinning Johnson to the floor. Johnson claims that while he was restrained on the floor, Webster stomped and kicked his hand and wrist. Johnson testified that he then “sort of bench pressed” Swieord off him, got to his feet, and struck Swieord and Webster several times until they were both beaten into submission.

Both Swieord and Webster received serious injuries in this altercation. Webster now suffers from short-term memory loss, a permanent 25% disability in his left shoulder, and headaches. Swieord suffered a triple fracture in his face and a collapsed sinus wall, and he continues to suffer from headaches and sinus problems.

Following the altercation, Johnson was removed to administrative segregation, where he was examined by Nurse Martha Hamilton. Hamilton treated Johnson for skin abrasions and provided him with antibiotic ointment to treat the injury. On May 8, 2000, Johnson submitted his first medical request, complaining of pain in his right hand and neck and requesting x-rays of those areas. On May 17, 2000, Johnson was examined by Nurse Susie Akers, who treated him with ibuprofen and referred him to a doctor. Johnson testified that Akers told him that, based on the length of time that it had been swollen, he likely had a fracture in his finger. Johnson submitted another medical request on June 18, 2000, and he was seen that same day by Dr. Jacques Lamour, who ordered an x-ray of Johnson’s hand, prescribed additional pain medication for him, and instructed Johnson to return in two weeks for a follow up. A July 3, 2000, x-ray of Johnson’s right hand revealed a fracture in one of the fingers. Dr. Lamour then referred Johnson to an orthopedic surgeon, from whom Johnson received specialized treatment for the fracture until November 2000.

Johnson was criminally prosecuted for his role in the physical confrontation and was found guilty of offering violence to an officer of the Missouri Department of Corrections. Johnson also received a conduct violation and was placed in administrative segregation as a result of the incident. He subsequently filed an action pursuant to 18 U.S.C. § 1983 in the district court, alleging several violations of his Eighth and Fourteenth Amendment rights. First, he alleged that Webster and Swieord used excessive force during the physical confrontation. Second, he alleged that Correctional Medical and several of its employees were negligent in caring for his injury and that they had acted with deliberate indifference to his serious medical needs. Third, he alleged that he was subjected to cruel and unusual punishment because he was forced to share a cell in administrative segregation. Fourth, he alleged several violations of his due process rights related to decisions to confine him to administrative segregation and an alleged deprivation of access to legal papers, materials, and counsel. The district court granted summary judgment in favor of all of the defendants on the federal constitutional claims and dismissed without prejudice the state law negligence claims. On appeal, Johnson argues that the district court erred in granting summary judgment on his various federal claims.

II.

We review de novo a district court’s grant of summary judgment. Aviation [*972] ChaHer, Inc. v. Aviation Research Group/US, 416 F.3d 864, 868 (8th Cir.2005). Summary judgment is proper if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Aviation ChaHer, 416 F.3d at 868. We view the evidence and the inferences that may reasonably be drawn therefrom in the light most favorable to the nonmoving party. Id. A party opposing summary judgment is not permitted to merely rest on his pleadings but must instead set forth sufficient evidence from which a reasonable jury could find in his favor on all elements of his claims. See Thompson v. Hubbard, 257 F.3d 896, 898-99 (8th Cir.2001); Bailey v. United States Postal Service, 208 F.3d 652, 654 (8th Cir.2000).

The Eighth Amendment protects inmates from unnecessary and wanton infliction of pain by correctional officers. Treats v. Morgan, 308 F.3d 868, 872 (8th Cir.2002). Officers are permitted to use force reasonably in a good-faith effort to maintain or restore discipline, as long as they do not use force maliciously and sadistically to cause harm. Id. In deciding whether a particular use of force was reasonable, we consider whether there was an objective need for force, the relationship between the need and the amount of force used, the threat reasonably perceived by correctional officers, the efforts by the officers to temper the severity of the forceful response, and the extent of the inmate’s injuries. Id. For example, we have held that employment of a stun gun to subdue a prisoner who had verbally threatened and then lunged at a prison official did not constitute the use of excessive force. Jasper v. Thalacker, 999 F.2d 353 (8th Cir. 1993).

Although Johnson’s account of the altercation differed from the testimony offered by Webster and Swicord, there are a number of facts that are not disputed. First, it is clear that Johnson escalated the confrontation by pushing and then punching Webster.in response to Webster’s attempts to restrain him and to examine his earring. Second, even after he had been to a degree restrained by Swicord, Johnson continued to assault the two men, inflicting serious injuries upon them. Third, the injuries suffered by Webster and Swi-cord were beyond all measure much more serious than the injuries Johnson received. Fourth, Johnson was criminally prosecuted and convicted as a result of his actions in this incident.

In light of these undisputed facts, we conclude that no reasonable jury could find that Webster and Swicord used excessive force in violation of the Eighth Amendment. Webster and Swicord reasonably perceived that Johnson was still a threat even while he was being partially restrained. The reasonableness of this perception was confirmed when Johnson physically overcame those restraints by pushing Swicord away, rising from the floor, and striking several blows that resulted in permanent injuries to Webster and Swicord. This evidence, viewed in the light most favorable to Johnson, reveals a use of force by Webster and Swicord that was commensurate with the situation with which they were confronted and which was employed in a good faith effort to maintain or restore discipline. Accordingly, the district court did not err in granting summary judgment in favor of the two men on the excessive force claim.

To support his section 1983 claim against the medical personnel, Johnson must show that they were deliberately indifferent to his serious medical needs. Camberos v. Branstad, 73 F.3d 174, 175 (8th Cir.1995). To show deliberate indifference, Johnson must demonstrate that he suffered objectively serious medical needs, and the officials actually knew of[*973] but deliberately disregarded those needs. Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.1997). To support a claim against Correctional Medical under section 1983, Johnson must show that there was a policy, custom, or official action that inflicted an actionable injury. Sanders v. Sears Roebuck & Co., 984 F.2d 972, 975-76 (8th Cir.1993).

Johnson has presented evidence of an objectively serious medical need that officials knew of, but there is no evidence that the medical personnel deliberately disregarded those needs. It is true that there was delay of a month between Nurse Akers’ tentative diagnosis that Johnson’s finger was fractured and the date Johnson’s hand was x-rayed. Johnson has presented no evidence, however, that this delay was the result of anything other than negligence. Mere negligence does not rise to a constitutional violation. Dulany, 132 F.3d at 1239. Moreover, Johnson has not pointed to any policy, custom, or official action by Correctional Medical that resulted in this delay. As a result, summary judgment in favor of Correctional Medical and the medical personnel was warranted in this case.

To sustain an Eighth Amendment claim based on the failure to protect him from other inmates, Johnson must show that he was incarcerated under conditions posing a substantial risk of serious harm and that the prison officials actually knew of and disregarded the risk to Johnson’s health and safety. Jensen v. Clarke, 73 F.3d 808, 810 (8th Cir.1996). Johnson alleges that he was forced to share a cell in administrative segregation with another inmate and that there have been a greater number of violent incidents in two-man cells in segregation than there have been in the general prison population. Johnson has not, however, presented any evidence demonstrating that he was actually in any personal danger or that any prison official acted in bad faith in placing him in a double cell. Accordingly, his Eighth Amendment failure-to-protect claim cannot survive summary judgment.

To sustain his due process claim regarding the proceedings which resulted in his being placed in administrative segregation, Johnson must demonstrate that the conditions imposed on him constituted an atypical and significant hardship in relation to the ordinary incidents of prison life. Phillips v. Norris, 320 F.3d 844, 847 (8th Cir.2003). A demotion to segregation, even without cause, is not itself an atypical and significant hardship unless Johnson points to some specific difference between his conditions in segregation and the conditions in the general population which amounts to such a hardship. Id. Johnson has not offered evidence of any such differences, so summary judgment was proper on these claims.

Johnson also claims that prison officials impermissibly retaliated against him for exercising his legal rights by issuing him conduct violations. Johnson, however, carries a substantial burden to prove that retaliation was the actual motivating factor for his transfer. Goff v. Burton, 7 F.3d 734, 737 (8th Cir.1993). If the discipline which a prisoner claims is retaliatory was in fact imposed for an actual violation of prison rules or regulations, the prisoner’s claim must fail. Id. Johnson was given a disciplinary hearing for each conduct violation. Evidence was presented in support of those violations, and Johnson has not come forward with any evidence that the prison officials were motivated solely by an intent to retaliate against him.

To sustain his claim based on denial of access to legal materials, counsel, or the courts, Johnson must prove that he suffered an actual injury or prejudice as a result of the alleged denial of access.[*974] Klinger v. Department of Corrections, 107 F.3d 609, 616-17 (8th Cir.1997). Johnson’s conclnsory claims that he was denied access to legal papers and the coui’ts must fail because Johnson has not presented any evidence or even pleaded any facts that would support a finding of injury or prejudice. Finally, his claims that legal papers were seized and destroyed must fail because he has not presented any evidence outside of his pleadings.

The judgment is affirmed.

1

The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.

Concurrence

LAY, Circuit Judge, concurring.

I agree with the majority that Johnson has failed to show that any one individual, or group of individuals, involved in this appeal acted with deliberate indifference to Johnson’s serious medical needs. However, I write separately to voice my belief that our decision today should not preclude the possibility that a one-month delay between diagnosis and treatment could generate a factual question on this issue.

It is well-settled that Eighth Amendment deliberate indifference may be demonstrated where prison medical personnel know of an inmate’s serious medical need yet fail to respond to it. Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.1997). The factual determination that a prison official had the requisite knowledge of a serious medical need may be inferred from circumstantial evidence or from the very fact that the medical need was obvious. Coleman v. Rahija, 114 F.3d 778, 786 (8th Cir.1997).

In this case, Nurse Sue Akers told Johnson on May 18, 2000 that he had probably sustained a broken or fractured hand. The record therefore supports the conclusion that Akers had knowledge of Johnson’s serious medical need. Although Ak-ers promised Johnson that she would refer him to a doctor, Johnson’s condition was left untreated until his hand was finally examined by a doctor on June 18 — one full month after Akers’ initial diagnosis. Subsequent x-rays revealed that Johnson’s hand was fractured. This delay, coupled with the fact that Johnson fractured his hand during a fight with prison guards, provides enough evidence from which a reasonable jury could infer that Akers failed to take appropriate action to treat Johnson’s hand in retaliation for his earlier altercation with prison officials.

This theory, however, cannot support reversal in this instance because Johnson’s claim against Akers was dismissed by the district court under Fed.R.Civ.P. 4(m). Therefore, without a live claim against Ak-ers before us, Johnson’s argument must fail.