John Czajka v. Paul D. Caspari, Barbara Buescher, Dr. Schoenen, 995 F.2d 870 (8th Cir. 1993). · Go Syfert
John Czajka v. Paul D. Caspari, Barbara Buescher, Dr. Schoenen, 995 F.2d 870 (8th Cir. 1993). Cases Citing This Book View Copy Cite
10 citation events (5 in the last 25 years) across 8 distinct courts.
Strongest positive: ROSADO v. JANE DOE (LAW LIBRIAN) (pamd, 2022-09-30)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) ROSADO v. JANE DOE (LAW LIBRIAN)
M.D. Penn. · 2022 · confidence medium
See Taylor v. Norris, 36 F. App'x 228, 229 (8th Cir. 2002) (deliberate indifference claim failed when it boiled down to a disagreement over recommended treatment for hernias and decision not to schedule a doctor’s appointment); Abdul-Wadood v. Nathan, 91 F.3d 1023, 1024-35 (7th Cir. 1996) (inmate’s disagreement with selection of medicine and therapy for sickle cell anemia falls well short of demonstrating deliberate indifference); Sherrer v. Stephen, 50 F.3d 496 , 497 (8th Cir. 1994) (inmate's “desire for a replacement joint instead of fusion surgery is merely a disagreement with the cou…
discussed Cited as authority (rule) McGlinchey v. Pepper
M.D. Penn. · 2022 · confidence medium
See Taylor v. Norris, 36 F. App’x 228 , 229 (8th Cir. 2002) (deliberate indifference claim failed when it boiled down to a disagreement over recommended treatment for hernias and decision not to schedule a doctor's appointment); Abdul-Wadood v. Nathan, 91 F.3d 1023, 1024-35 (7th Cir. 1996) (inmate's disagreement with selection of medicine and therapy for sickle cell anemia falls well short of demonstrating deliberate indifference); Sherrer v. Stephen, 50 F.3d 496 , 497 (8th Cir. 1994) (inmate's “desire for a replacement joint instead of fusion surgery is merely a disagreement with the cour…
cited Cited as authority (rule) Shaw v. Kaemingk
D.S.D. · 2020 · confidence medium
Czajka v. Caspari, 995 F.2d 870, 871 (8th Cir. 1993).
discussed Cited as authority (rule) Blackstone v. Stark
S.D.W. Va · 2018 · confidence medium
Pa. Aug. 14, 1990) (“A delay in providing a prisoner dental treatment, standing alone, does not constitute an eighth amendment violation.”); Czajka v. Caspari, 995 F.2d 870, 871 (8th Cir. 1993) (finding that inmate’s mere disagreement with doctor’s decision to delay surgery did not establish Eighth Amendment claim).
discussed Cited as authority (rule) Starbeck v. Linn County Jail
N.D. Iowa · 1994 · confidence medium
Bowers v. Taylor, - U.S. -, 113 S.Ct. 394 , 121 L.Ed.2d 302 (1992); DesRosiers, 949 F.2d at 20 (prisoner disagreed with the established practice of having prisoners change their own bandages and thought he should have been given more showers); Smith v. Marcantonio, 910 F.2d 500, 502 (8th Cir.1990) (prisoner’s disagreements on location of rehabilitation for burn injuries, amounts of pain medication, and frequency of bandage changes failed to state deliberate indifference); Taylor v. Turner, 884 F.2d 1088, 1090 (8th Cir.1989) (prisoner’s disagreement about treatment for mental deficiency, su…
discussed Cited as authority (rule) Larry King v. Marks, Dr.
8th Cir. · 1994 · confidence medium
Czajka v. Caspari, 995 F.2d 870, 871 (8th Cir. 1993) (per curiam). " 'To state a claim under section 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States....' " Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993) (per curiam) (quoting West v. Atkins, 487 U.S. 42, 48 (1988)).
discussed Cited as authority (rule) Brewer v. Blackwell
S.D. Iowa · 1993 · confidence medium
Hutto, 525 F.2d 1024, 1024-25 (8th Cir.1975) (prisoner’s disagreement over diagnosis did not state an Eighth Amendment claim); see also Estelle, 429 U.S. at 107 , 97 S.Ct. at 292 (prisoner’s claims that he should have received x-ray and other tests for back injury found insufficient); Czajka v. Caspari, 995 F.2d 870, 871 (8th Cir.1993) (prisoner’s disagreement with prison doctor about delaying surgery found insufficient).
discussed Cited "see, e.g." Hughes v. Judd
M.D. Fla. · 2015 · signal: compare · confidence medium
Hill illustrates also that a party who claims a violation of the Eighth Amendment based on denial or delay in medical treatment “must place verifying medical evidence in the record to establish the detrimental effect of delay in medical treatment to succeed.” Again, Hill offers fortifying illustrations of the principle applied: Compare Czajka v. Caspari, 995 F.2d 870, 872 (8th Cir.1993) (per curiam) (no evidence that delay in inmate’s orthopedic surgery “ ‘so deviated from professional standards that it amounted to deliberate indifference’” (citation omitted)); Ervin v. Busby, 99…
discussed Cited "see, e.g." Hill v. Dekalb Regional Youth Detention Center
11th Cir. · 1994 · signal: compare · confidence medium
Compare Czajka v. Caspari, 995 F.2d 870, 872 (8th Cir.1993) (per curiam) (no evidence that delay in inmate’s orthopedic surgery " ‘so deviated from professional standards that it amounted to deliberate indifference' " (citation omitted)); Ervin v. Busby, 992 F.2d 147, 150-51 (8th Cir.) (per curiam) (although inmate was deprived of prescription anti-depressant medication for approximately a month, during which time he incited a riot, doctor testified that suddenly stopping medication should not have caused undue agitation; prison officials’ negligence in not refilling prescription was not…
discussed Cited "see, e.g." Shirley Hill, Individually and Mark Anthony Hill, Individually v. Dekalb Regional Youth Detention Center, County of Dekalb, Georgia A/K/A Dekalb Regional Youth Detention Center, Faye Swain, Shirley Hill, Individually and Mark Anthony Hill, Individually v. Dekalb Regional Youth Detention Center, County of Dekalb, Georgia A/K/A Dekalb Regional Youth Detention Center, Donald Wilkinson and Dolphus Lewis
11th Cir. · 1994 · signal: see also · confidence medium
Hewett v. Jarrard, 786 F.2d 1080, 1086-87 (11th Cir.1986) (three-day delay in medical treatment for shoulder injury was " 'reckless disregard' " for detainee's serious medical need and was a constitutional violation); Ancata v. Prison Health Servs., Inc., 769 F.2d 700 , 702 (11th Cir.1985) (valid constitutional claim where inmate died of leukemia four months after complaining of "serious" medical problems, including swollen ankles, inability to sleep, chills, hyperventilation, severe pain in back and right leg, and double vision, and county jail defendants made no arrangements for a doctor's e…
Retrieving the full opinion text from the archive…
John CZAJKA, Appellant,
v.
Paul D. CASPARI, Barbara Buescher, Dr. Schoenen, Appellees
93-1254.
Court of Appeals for the Eighth Circuit.
Jun 16, 1993.
995 F.2d 870
John Czajka, pro se., Kathi L. Chestnut, St. Louis, MO, argued, for appellees.
Bowman, Magill, Arnold.
Cited by 10 opinions  |  Published
PER CURIAM.

John Czajka, a former Missouri inmate, appeals the district court’s [1] grant of summary judgment in favor of defendants in this 42 U.S.C. § 1983 action claiming Eighth Amendment violations. We affirm.

In January 1991, Czajka filed this action against Paul Caspari, Superintendent of the Missouri Eastern Correctional Center (MECC); Dr. Robert Schoenen, Chief Medical Officer for the Missouri Department of Corrections; and Barb Buescher, MECC Health Care Supervisor. He alleged that, after he injured his left shoulder while playing football at the prison, Schoenen acted with deliberate indifference to his serious medical needs by delaying surgery scheduled by Czajka’s orthopedic physician, Dr. William Skimming; that Buescher, in retaliation for Czajka’s previous litigation against her, attempted to interfere with his medical treatment by sending false information about him to Schoenen; and that Caspari, despite his knowledge of Buescher’s “pattern and practice of deliberate indifference” to Czajka’s serious medical needs, failed to take remedial action.

Defendants moved for summary judgment and supported their motions with affidavits and exhibits. Czajka responded. The district court granted summary judgment to defendants, and Czajka appealed.

We review de novo a district court’s grant of summary judgment, Williams v. State Farm Mut. Auto. Ins. Co., 992 F.2d 781, 783 (8th Cir.1993), and must affirm when the plaintiff has failed to make a sufficient showing of an essential element of his case, Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

The uncontroverted evidence showed that Schoenen reviewed Czajka’s medical records, discussed Czajka’s condition with his attending physician, and made a medical judgment that the surgery could be postponed. After learning that Czajka’s condition had changed, Schoenen amended his decision and rescheduled the surgery. We conclude that Czajka merely disagreed with Schoenen’s decision to delay the surgery, and, as a result, his Eighth Amendment claim of deliberate indifference fails. See Smith v. Marcantonio, 910 F.2d 500, 502 (8th Cir.1990). We reject Czajka’s argument that Schoenen was bound by Skimming’s judgment that surgery was required: the undis[*872] puted evidence showed that Schoenen had the final, authority to decide whether the surgery should be performed. In addition, there was no evidence that Schoenen’s decision to delay the surgery “so deviated from professional standards that it amounted to deliberate indifference.” Smith v. Jenkins, 919 F.2d 90, 93 (8th Cir.1990). The uncon-troverted evidence also showed that Schoe-nen did not rely on any statements made by Buescher. Therefore, even assuming that Buescher’s statements concerning Czajka were false, Czajka did not suffer any harm as a result of those statements. Thus, the district court correctly granted summary judgment to Schoenen and Buescher.

Inasmuch as Czajka failed to establish a claim against Schoenen or Buescher, he also failed to establish a basis upon which to hold Caspar! liable for failing to supervise his subordinates. See Bolin v. Black, 875 F.2d 1343, 1347 (8th Cir.), cert. denied, 493 U.S. 993, 110 S.Ct. 542, 107 L.Ed.2d 539 (1989).

Accordingly, we affirm.

1

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri, adopting the report and recommendations of the Honorable Frederick R. Buckles, United States Magistrate Judge for the Eastern District of Missouri.