Meuir v. Greene Cnty. Jail Employees, 487 F.3d 1115 (8th Cir. 2007). · Go Syfert
Meuir v. Greene Cnty. Jail Employees, 487 F.3d 1115 (8th Cir. 2007). Cases Citing This Book View Copy Cite
229 citation events (229 in the last 25 years) across 15 distinct courts.
Strongest positive: Barbee v. Naylor (ared, 2023-12-11)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Barbee v. Naylor
E.D. Ark. · 2023 · quote attribution · 1 verbatim quote · confidence high
merely alleging that an act was retaliatory is insufficient.
examined Cited as authority (verbatim quote) Fleeman v. Missouri Department of Corrections (2×)
E.D. Mo. · 2021 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a prisoner's mere difference of opinion over matters of expert medical judgment or a course of medical treatment fails to rise to the level of a constitutional violation
discussed Cited as authority (verbatim quote) Lowery v. King (2×) also: Cited "see"
W.D. Ark. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
merely alleging that an act was retaliatory is insufficient.
discussed Cited as authority (verbatim quote) Chris Lowry v. Watson Chapel School District
8th Cir. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
article iii of the united states constitution confines the jurisdiction of federal courts to justiciable cases and controversies.
discussed Cited as authority (quoted) MN Deer Farmers Assoc. v. Sarah Strommen
8th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence low
courts are 'obliged to examine standing sua sponte . . . .
discussed Cited as authority (quoted) Jones v. Missouri Metropolitan Psych Center
E.D. Mo. · 2025 · quote attribution · 1 verbatim quote · confidence low
a prisoner's mere difference of opinion over matters of expert medical judgment or a course of medical treatment fails to rise to the level of a constitutional violation.
discussed Cited as authority (quoted) Wade v. State of Missouri
E.D. Mo. · 2023 · quote attribution · 1 verbatim quote · confidence low
a prisoner's mere difference of opinion over matters of expert medical judgment or a course of medical treatment fails to rise to the level of a constitutional violation
discussed Cited as authority (quoted) Fisher v. Precythe
E.D. Mo. · 2023 · quote attribution · 1 verbatim quote · confidence low
a prisoner's mere difference of opinion over matters of expert medical judgment or a course of medical treatment fails to rise to the level of a constitutional violation
discussed Cited as authority (quoted) Blue v. Dr. Tippen
E.D. Mo. · 2021 · quote attribution · 1 verbatim quote · confidence low
a prisoner's mere difference of opinion over matters of expert medical judgment or a course of medical treatment fails to rise to the level of a constitutional violation
discussed Cited as authority (quoted) Guirlando v. Mitcham
W.D. Ark. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
merely alleging that an act was retaliatory is insufficient.
discussed Cited as authority (quoted) Greene v. Osborne-Leivian (2×) also: Cited as authority (rule)
D. Minnesota · 2021 · quote attribution · 1 verbatim quote · confidence low
standing to seek injunctive relief requires a plaintiff . . . to show a likelihood of a future injury.
discussed Cited as authority (quoted) Sutton v. Corizon Health Inc.
E.D. Mo. · 2020 · quote attribution · 1 verbatim quote · confidence low
a prisoner's mere difference of opinion over matters of expert medical judgment or a course of medical treatment fails to rise to the level of a constitutional violation
discussed Cited as authority (quoted) Briesemeister v. Johnston
D. Minnesota · 2020 · quote attribution · 1 verbatim quote · confidence low
standing to seek injunctive relief requires a plaintiff . . . to show a likelihood of a future injury.
discussed Cited as authority (quoted) De Rossitte v. Vowell.
W.D. Ark. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
merely alleging that an act was retaliatory is insufficient.
discussed Cited as authority (rule) Shawn P. Willis v. Correctional Medical Management, Anthony Helland, Stacy, and Meghan
D.S.D. · 2026 · confidence medium
To state an Eighth Amendment retaliatory discipline claim, a plaintiff must show that: “(1) the prisoner exercised a constitutionally protected right; (2) prison officials disciplined the prisoner; and (3) exercising the right was the motivation for the discipline.” Haynes v. Stephenson, 588 F.3d 1152, 1155 (8th Cir. 2009) (citing Meuir, 487 F.3d at 1119).
cited Cited as authority (rule) Majors v. Reeves
E.D. Mo. · 2025 · confidence medium
Meuir, 487 F.3d at 1119. this case against defendants as set forth above.
discussed Cited as authority (rule) Ward v. Stange (2×) also: Cited "see"
E.D. Mo. · 2024 · confidence medium
Meuir, 487 F.3d at 1119.
cited Cited as authority (rule) Davis v. Ruble
E.D. Mo. · 2024 · confidence medium
See also Haynes, 588 F.3d at 1153 ; Meuir, 487 F.3d at 1119.
cited Cited as authority (rule) Heishman v. Butler
W.D. Ark. · 2023 · confidence medium
Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118-19 (8th Cir. 2007).
cited Cited as authority (rule) KIEHLMEIER-STRATTON v. WEXFORD HEALTH SOURCES, INC.
W.D. Pa. · 2023 · confidence medium
Appx 383 , 390 6 A dispute over the constitutionality of a jail’s extraction-only policy was also squarely at issue in Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir.2007).
discussed Cited as authority (rule) Lightfeather v. Lancaster County
D. Neb. · 2022 · confidence medium
Here, Lightfeather has potentially pleaded enough facts to state a cause of action against defendants Sergeant Kolawski, Sergeant Nedman, Officer Kim Dumass, and administrator Brad Johnson for retaliation and deliberate indifference to medical needs, see Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir.2007) (“A prima facie case of retaliatory discipline requires a showing that: (1) the prisoner exercised a constitutionally protected right; (2) prison officials disciplined the prisoner; and (3) exercising the right was the motivation for the discipline”), but he failed t…
discussed Cited as authority (rule) Hayes v. Daniel
W.D. Ark. · 2022 · confidence medium
“In the face of medical records indicating that treatment was provided and physician affidavits indicating that the care provided was adequate, an inmate cannot create a question of fact by merely stating that she did not feel she received adequate treatment.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir. 2007) (quoting Dulany v. Carnahan, 132 F.3d 1234, 1240 (8th Cir. 1997).
cited Cited as authority (rule) Barnett v. Hill
E.D. Mo. · 2021 · confidence medium
“Whether a prison’s medical staff deliberately disregarded the needs of an inmate is a factually intensive inquiry.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118 (8th Cir. 2007).
cited Cited as authority (rule) Weeks v. Birch
E.D. Mo. · 2020 · confidence medium
Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118 (8th Cir. 2007).
discussed Cited as authority (rule) Munt v. Schnell
D. Minnesota · 2020 · confidence medium
Minn. Jan. 31, 2020) (citing White v. McKinley, 519 F.3d 806, 814 (8th Cir. 2008)), R. & R. adopted, 2020 WL 18 The Court notes that of the cases cited by Defendants on page 6 of their brief relating to the specificity required to sufficiently allege retaliatory motive—Sisneros v. Nix, 95 F.3d 749, 752 (8th Cir. 1996); Meuir v. Green County Jail Employees, 487 F.3d 1115 , 1119 (8th Cir. 2007); and Halfacre v. Cruseturner, 299 F. App’x 609, 609 (8th Cir. 2008) (unpublished opinion)—Sisneros and Meuir involved dismissals on summary judgment (not on a Rule 12(b)(6) motion) and Halfacre conc…
discussed Cited as authority (rule) Maday v. Dooley
D.S.D. · 2019 · confidence medium
The fact that Dr. Schroeder did not issue Maday crutches when Maday believes he should have does not constitute a material fact to Maday’s deliberate indifference claim because “a prisoner’s mere difference of opinion over matters of expert medical judgment or a course of medical treatment fail[s] to rise to the level of a constitutional violation.” Meuir, 487 F.3d at 1118-19 (alteration in original) (quoting Taylor v. Bowers, 966 F.2d 417, 421 (8th Cir. 1992)).
cited Cited as authority (rule) Forrester v. Page
E.D. Ark. · 2019 · confidence medium
“Merely alleging that an act was retaliatory is insufficient.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir. 2007).
discussed Cited as authority (rule) Foell v. County of Lincoln
D. Neb. · 2019 · confidence medium
Nurse Hicks “Whether a prison's medical staff deliberately disregarded the needs of an inmate is a factually-intensive inquiry.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118 (8th Cir.2007).
discussed Cited as authority (rule) Farris v. Munyan
E.D. Ark. · 2019 · confidence medium
Instead, to defeat summary judgment, Farris must have evidence that Defendants acted “callously” and with “reckless disregard.” Meuir, 487 F.3d at 1118 (explaining that a prisoner “must clear a substantial evidentiary threshold to show that the prison's medical staff deliberately disregarded” his need for medical care).
discussed Cited as authority (rule) Dunsworth v. Holder
E.D. Ark. · 2019 · confidence medium
“In the face of medical records indicating that treatment was provided and physician affidavits indicating that the care provided was adequate, an inmate cannot create a question of fact by merely stating that she did not feel she received adequate treatment.” Nelson v. Shuffman, 603 F.3d 439, 449 (8th Cir. 2010); Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir. 2007).
discussed Cited as authority (rule) Endicott v. Delay (2×)
W.D. Mo. · 2018 · confidence medium
Retaliation Plaintiff contends Defendants retaliated against him by placing him in a “maximum security segregation cell.” To establish a section 1983 retaliation claim, Plaintiff must show “(1) he engaged in a protected activity, (2) the government official took adverse action against him that would chill a person of ordinary firmness from continuing in the activity, and (3) the adverse action was motivated at least in part by the exercise of the protected activity.” Spencer v. Jackson County, Mo., 738 F.3d 907, 911 (8th Cir. 2013) (citation omitted); Meuir v. Greene County Jail Employ…
discussed Cited as authority (rule) Kurtenbach v. Ravnsborg
D.S.D. · 2018 · confidence medium
“A prima facie case of retaliatory discipline requires a showing that: (1) the prisoner exercised a constitutionally protected right; (2) prison officials disciplined the prisoner; and (3) exercising the right was the motivation for the discipline.” Haynes v. Stephenson, 588 F.3d 1152, 1155 (8th Cir. 2009) (quoting Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir. 2007)).
discussed Cited as authority (rule) Caskey v. South Dakota State Penitentiary
D.S.D. · 2018 · confidence medium
“A prisoner’s Eighth Amendment rights are violated if prison officials ‘impose a disciplinary sanction against a prisoner in retaliation for the prisoner’s exercise of his constitutional right.’ ” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir. 2007).
discussed Cited as authority (rule) Maday v. Dooley
D.S.D. · 2018 · confidence medium
Retaliation “A prisoner’s Eighth Amendment rights are violated if prison officials ‘impose a disciplinary sanction against a prisoner in retaliation for the prisoner’s exercise of his constitutional right.’ ” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir. 2007).
cited Cited as authority (rule) Andrew Reid v. Rory Griffin
8th Cir. · 2015 · confidence medium
Jail Emps., 487 F.3d 1115, 1118 (8th Cir. 2007) (citing Dulany v. Carnahan, 132 F.3d 1234 , 1239 (8th Cir.1997)).
discussed Cited as authority (rule) Kelly v. Cape Cod Potato Chip Co.
W.D. Mo. · 2015 · confidence medium
Article III of the United States Constitution “confines the jurisdiction of federal courts to justiciable cases and controversies.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir.2007) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-60 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992)). “(S)tanding is an essential and unchanging part of the case- or-controversy requirement of Article III.” Id.
cited Cited as authority (rule) Daniel Scott v. Mary Benson
8th Cir. · 2014 · confidence medium
As a result, Scott “must clear a substantial evidentiary threshold to show that [Benson] deliberately disregarded [his] needs by administering an inadequate treatment.” Meuir, 487 F.3d at 1118.
discussed Cited as authority (rule) David Ferrell v. Larry Norris
8th Cir. · 2011 · confidence medium
Inc., 559 F.3d 880, 884-85 (8th Cir.2009) (summary judgment standard of review); Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118-19 (8th Cir.2007) (mere difference of opinion over matters of expert medical judgment or course of treatment does not amount to constitutional violation); see also Bloom v. Metro Heart Group of St.
discussed Cited as authority (rule) Sylvester Barbee v. Correctional Medical Services
8th Cir. · 2010 · confidence medium
However, as to the grant of summary judgment, see Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118 (8th Cir.2007) (standard of review), we conclude that the district court should not have reached the merits of Barbee’s claims against defendants Alexander, Ifediora, and Blackmon, who raised as an affirmative defense that Barbee failed to exhaust his administrative remedies.
cited Cited as authority (rule) Kendrick v. Faust
E.D. Ark. · 2010 · confidence medium
Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir.2007).
discussed Cited as authority (rule) Haynes v. Stephenson
8th Cir. · 2009 · confidence medium
“A prima facie case of retaliatory discipline requires a showing that: (1) the prisoner exercised a constitutionally protected right; (2) prison officials disciplined the prisoner; and (3) exercising the right was the motivation for the discipline.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir.2007).
discussed Cited as authority (rule) Walter Haynes v. Patrick L. Stephenson
8th Cir. · 2009 · confidence medium
“A prima facie case of retaliatory discipline requires a showing that: (1) the prisoner exercised a constitutionally protected right; (2) prison officials disciplined the prisoner; and (3) exercising the right was the motivation for the discipline.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir. 2007). 2 Haynes’s lawsuit initially named several other ADC employees as co- defendants, but those claims were dismissed before trial. -3- It is undisputed that Haynes satisfied the first element of the prima facie case because he exercised a constitutionally protected right…
discussed Cited as authority (rule) McRaven v. Sanders
8th Cir. · 2009 · confidence medium
Nurse Harmon “Whether a prison’s medical staff deliberately disregarded the needs of an inmate is a factually-intensive inquiry.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118 (8th Cir.2007).
discussed Cited as authority (rule) Jan McRaven v. Lt. McMurrian
8th Cir. · 2009 · confidence medium
Nurse Harmon “Whether a prison’s medical staff deliberately disregarded the needs of an inmate is a factually-intensive inquiry.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118 (8th Cir. 2007).
discussed Cited as authority (rule) Bahl v. County of Ramsey
D. Minnesota · 2009 · confidence medium
A. Prospective Relief The parties agree that all plaintiffs lack standing to pursue injunctive and de *984 claratory relief because they cannot show “a likelihood of future injury.” See Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir.2007) (citing City of Los Angeles v. Lyons, 461 U.S. 95, 111 , 103 S.Ct. 1660 , 75 L.Ed.2d 675 (1983)).
cited Cited as authority (rule) Stanko v. Patton
D. Neb. · 2008 · confidence medium
Benson v. Cady, 761 F.2d 335, 342 (7th Cir.1985). *1074 Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1119 (8th Cir.2007) (affirming grant of summary judgment on retaliation claim).
discussed Cited as authority (rule) Bryan Croft v. Robert Hampton (2×)
8th Cir. · 2008 · confidence medium
A disagreement between physicians over the proper course of treatment is not actionable under section 1983, see Vaughan v. Lacey, 49 F.3d 1344, 1346 (8th Cir.1995), and prison physicians are free to exercise their independent medical judgment, see Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118-19 (8th Cir.2007).
discussed Cited as authority (rule) Curtis L. McQueen v. Susan Wickliff etc.
8th Cir. · 2008 · signal: cf. · confidence medium
Cf. Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1120 (8th Cir.2007) (review of discovery rulings is both narrow and deferential, and reversal is warranted only if erroneous ruling amounted to gross abuse of discretion); O’Connor v. Jones, 946 F.2d 1395 , 1399 & n. 4 (8th Cir.1991) (questioning whether district court could use its discretionary power to disqualify counsel for reasons unrelated to professional conduct, but holding that prisoner lacked standing to seek disqualification of opposing counsel on grounds offered).
discussed Cited as authority (rule) Hart v. Bertsch (2×) also: Cited "see"
D.N.D. · 2008 · confidence medium
A plaintiff-inmate “must clear a substantial evidentiary threshold to show that the prison’s medical staff deliberately disregarded the inmate’s needs by administering an inadequate treatment.” Meuir v. Greene County Jail Employees, 487 F.3d 1115, 1118 (8th Cir.2007).
discussed Cited "see" Allen v. Waters (2×)
E.D. Mo. · 2022 · signal: see · confidence high
See Meuir, 487 F.3d at 1119 (noting the elements of a prima facie case of retaliatory discipline).
Retrieving the full opinion text from the archive…
Larry W. Meuir
v.
Greene County Jail Employees Reed Captain Glenn Captain Anderson Kenneth Clayton Jack Merritt Cole Bisby Hilder Scott Clavin West Michael Oravec Greene County Carey Bisbey
05-3394.
Court of Appeals for the Eighth Circuit.
Jun 6, 2007.
487 F.3d 1115

487 F.3d 1115

Larry W. MEUIR, Appellant,
v.
GREENE COUNTY JAIL EMPLOYEES; Reed; Captain Glenn; Captain Anderson; Kenneth Clayton; Jack Merritt; Cole; Bisby; Hilder; Scott; Clavin; West; Michael Oravec; Greene County; Carey Bisbey, Appellees.

No. 05-3394.

United States Court of Appeals, Eighth Circuit.

Submitted: March 14, 2007.

Filed: June 6, 2007.

Erik H. Askelsen, Robin K. Carlson, Kansas City, MO, for appellant.

John W. Housley, Springfield, MO, for appellee.

Before MELLOY, SMITH, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

[*~1115]1

Larry Meuir brought this action pro se under 42 U.S.C. § 1983, claiming that while he was incarcerated in the Greene County Jail ("the Jail"), the Jail's medical staff was deliberately indifferent to his serious medical needs. Meuir also contended that the staff retaliated against him for refusing to visit a dentist who he alleges followed a "pull-teeth-only" county policy. Meuir also challenged the alleged pull-teeth-only policy. The district court[1] granted summary judgment in favor of the defendants. Meuir appeals the district court's grant of summary judgment to the defendants and its denial of his discovery motions. We affirm.

I. Background

2

Meuir suffers from chronic dental problems, specifically bleeding gums and toothaches. During a prior incarceration in the Fulton Correctional Center ("Fulton"), Fulton treated Meuir's condition with a prescription mouthwash until his release in 1997. In 2002, following a drug conviction, Meuir was held for three months in the Jail while awaiting permanent assignment by the Missouri Department of Corrections. During his initial medical screening at the Jail, Meuir did not report his history of dental problems. Meuir stated in his deposition that he did not exhibit any notable signs of immediate dental problems at that time; his gums were not bleeding, inflamed, or infected. After a month in the Jail, Meuir first sought medical attention after noticing that his gums bled after brushing and eating crunchy foods. He told the nurse on duty, Marilyn Cole, that he bled for roughly a minute after brushing and that he experienced minor pain. Cole provided Meuir with Tylenol for his discomfort.

3

Over the course of the next month, Meuir saw four nurses at the jail: Cole, Mary Hilder, Michael Oravec, and Katharina Bisby ("the nurses"). Each visit, Meuir made the same complaints: bleeding gums and toothaches. In response, the nurses simply encouraged him to brush and gargle with salt water and provided him with Tylenol for his pain. Despite his requests, the nurses declined to prescribe the medicated mouthwash that Meuir had used in Fulton. However, one of the nurses designated Meuir for transport to see the county dentist along with other inmates needing dental services.

4

When guards arrived to transport Meuir to see the county dentist, Meuir refused to go. According to Meuir, a guard informed him that the county dentist was a "pull-teeth-only" dentist and that inmates had no alternative provider. Meuir interpreted these comments to mean that Meuir would have his teeth removed rather than be provided with any less radical treatment. After Meuir refused to visit the county dentist, the jail's doctor, Dr. Carey Bisby, stopped supplying Meuir with Tylenol. Meuir could still purchase the same medication at the prison commissary. Meuir's dental condition worsened until he was transferred to a different penal institution in Farmington, Missouri, where he received the medicated mouthwash he had used previously at Fulton.

5

In January 2003, Meuir filed this suit pro se against the nurses and Dr. Bisby. He also filed suit against Greene County, owner and operator of the Jail. In the suits, Meuir alleges that: (1) the nurses and Dr. Bisby were deliberately indifferent to his medical needs; (2) Dr. Bisby retaliated against him for not seeing the county dentist; and (3) Greene County has an unconstitutional, unwritten pull-teeth-only policy. During the discovery phase, Meuir requested the dental records of all inmates housed in the Jail. The court denied this request. Upon completion of discovery, the nurses, Dr. Bisby and Greene County successfully moved for summary judgment.

II. Discussion

6

We review de novo a grant of summary judgment, considering the facts in the light most favorable to the nonmoving party. Arnold v. Nursing & Rehab. Ctr. at Good Shepherd, LLC, 471 F.3d 843, 845 (8th Cir.2006). Summary judgment is proper when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Id. Meuir, now with appointed counsel, appeals raising four issues.

A. Deliberate Indifference

7

Meuir first alleges that the nurses and Dr. Bisby provided constitutionally inadequate medical care by failing to prescribe him mouthwash and by failing to schedule a dentist appointment earlier. A prison's medical staff violates the Eighth Amendment if they commit "acts or omissions sufficiently harmful to evidence deliberate indifference to [an inmate's] serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). A prima facie case alleging such deliberate indifference requires the inmate-plaintiff to demonstrate that he suffered from an objectively serious medical need and that prison officials actually knew of, but deliberately disregarded, that need. Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.1997). In granting summary judgment, the district court concluded that Meuir satisfied his burden of showing that the Jail's medical staff was aware of his serious medical need, but that he failed to show that they deliberately disregarded that need.

[*~1115]8

Whether a prison's medical staff deliberately disregarded the needs of an inmate is a factually-intensive inquiry. Coleman v. Rahija, 114 F.3d 778, 784 (8th Cir.1997); Jensen v. Clarke, 94 F.3d 1191, 1197-98 (8th Cir.1996). The plaintiff-inmate must clear a substantial evidentiary threshold to show that the prison's medical staff deliberately disregarded the inmate's needs by administering an inadequate treatment. See Dulany, 132 F.3d at 1239 (holding "inmates have no constitutional right to receive a particular or requested course of treatment, and prison doctors remain free to exercise their independent medical judgment"). "[A] prisoner's mere difference of opinion over matters of expert medical judgment or a course of medical treatment fail[s] to rise to the level of a constitutional violation." Taylor v. Bowers, 966 F.2d 417, 421 (8th Cir.1992).

9

Meuir produced neither expert testimony nor documentary evidence to support his claim that the treatment provided by the Jail's medical staff was constitutionally inadequate. The nurses and Dr. Bisby, on the other hand, adduced affidavits from a dentist and Dr. Bisby attesting that the treatment provided by the Jail's medical staff was adequate. "In the face of medical records indicating that treatment was provided and physician affidavits indicating that the care provided was adequate, an inmate cannot create a question of fact by merely stating that she did not feel she received adequate treatment." Dulany, 132 F.3d at 1240. After a careful review of the record, we affirm the judgment of the district court.

B. Retaliatory Discipline

[*1115]10

Next, Meuir alleges that Dr. Bisby retaliated against him for refusing to visit the county dentist. A prisoner's Eighth Amendment rights are violated if prison officials "impose a disciplinary sanction against a prisoner in retaliation for the prisoner's exercise of his constitutional right." Goff v. Burton, 7 F.3d 734, 738 (8th Cir.1993). A prima facie case of retaliatory discipline requires a showing that: (1) the prisoner exercised a constitutionally protected right; (2) prison officials disciplined the prisoner; and (3) exercising the right was the motivation for the discipline. Id.; Orebaugh v. Caspari, 910 F.2d 526, 528 (8th Cir.1990). The plaintiff-inmate has a heavy evidentiary burden to establish a prima facie case. Murphy v. Mo. Dept. of Corr., 769 F.2d 502, 503 n. 1 (8th Cir.1985). Merely alleging that an act was retaliatory is insufficient. Benson v. Cady, 761 F.2d 335, 342 (7th Cir.1985).

11

Here, Meuir contends that Dr. Bisby denied him Tylenol because Meuir refused to see the county dentist. Meuir, however, offers no proof. The record evidence on point consists of Dr. Bisby's affidavit essentially stating that reason, not retaliation, caused termination of the free Tylenol. Dr. Bisby concluded that Meuir's condition was not serious given Meuir's declination to visit the dentist. Further, it is undisputed that Meuir still had access to Tylenol through the prison commissary. Meuir provides no evidence that Dr. Bisby knew why Meuir refused to go to the dentist or that the decision to deny Tylenol was motivated by any impermissible motive. After a careful review of the record, we affirm the judgment of the district court.

C. The Pull-Teeth-Only Policy

[*~1115]12

Next, Meuir also petitioned for injunctive relief against Greene County, seeking to end the Jail's unwritten pull-teeth-only policy. Article III of the United States Constitution confines the jurisdiction of federal courts to justiciable cases and controversies. U.S. Const. art. III, § 2; Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-60, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). "[S]tanding is an essential and unchanging part of the case-or-controversy requirement of Article III." Lujan, 504 U.S. at 560, 112 S.Ct. 2130. Courts are "obliged to examine standing sua sponte where standing has erroneously been assumed below." Adarand Const., Inc. v. Mineta, 534 U.S. 103, 109, 122 S.Ct. 511, 151 L.Ed.2d 489 (2001). Standing to seek injunctive relief requires a plaintiff, inter alia, to show a likelihood of a future injury. City of Los Angeles v. Lyons, 461 U.S. 95, 111, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983).

[*~1116]13

The district court assumed Meuir had standing for injunctive relief. We find, however, that standing is lacking given Meuir's changed custodial placement. Meuir filed suit against Greene County four months after his transfer to Farmington, Missouri, some 200 miles away, where his dental ailments have been treated apparently without complaint. Meuir's deposition suggests that he expects to serve the remainder of his 15-year term of imprisonment in Farmington. No reason exists to suspect that Meuir will ever return to the Jail. Therefore, we conclude that Meuir lacks standing to challenge the alleged policy.

D. Discovery Requests

[*~1118]14

Lastly, during the discovery phase, Meuir sought copies of all dental treatment requests filed by all inmates during a five-year period. The district court refused to grant Meuir's two motions to compel, finding that the requests were too vague, excessive, and irrelevant. "We review such discovery rulings in a manner both narrow and deferential, and reversal is only warranted if an erroneous ruling amounted to a gross abuse of discretion." Robinson v. Potter, 453 F.3d 990, 994-95 (8th Cir.2006) (internal citations and quotations omitted). Because the information sought by the discovery requests pertained to Meuir's challenge to the County's alleged pull-teeth-only policy, we need not address the matter given our holding that Meuir lacks standing to challenge the policy.

III. Conclusion

[*~1119]15

After a careful review of the record, we affirm the judgment of the district court. Further, we dismiss Meuir's challenge to Greene County's alleged pull-teeth-only policy because he lacks standing.

Notes:

1

The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri