Harrison Jolly v. John Knudsen, Corr. Med. Sys., Ara Servs., Inc., & Jerry Jorgensen, 205 F.3d 1094 (8th Cir. 2000). · Go Syfert
Harrison Jolly v. John Knudsen, Corr. Med. Sys., Ara Servs., Inc., & Jerry Jorgensen, 205 F.3d 1094 (8th Cir. 2000). Cases Citing This Book View Copy Cite
440 citation events (431 in the last 25 years) across 14 distinct courts.
Strongest positive: Morningstar v. Smith (ared, 2025-09-08)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Morningstar v. Smith
E.D. Ark. · 2025 · quote attribution · 1 verbatim quote · confidence high
mere disagreement with treatment decisions does not rise to the level of a constitutional violation.
discussed Cited as authority (verbatim quote) Stark v. Hacker (2×) also: Cited as authority (rule)
N.D. Iowa · 2022 · quote attribution · 1 verbatim quote · confidence high
mere disagreement with treatment decisions does not rise to the level of constitutional violations.
discussed Cited as authority (verbatim quote) Hamm v. Hunt
D. Neb. · 2022 · quote attribution · 1 verbatim quote · confidence high
mere disagreement with treatment decisions does not rise to the level of a constitutional violation
discussed Cited as authority (verbatim quote) Thomas v. Lincoln Regional Center Staff Members
D. Neb. · 2021 · quote attribution · 1 verbatim quote · confidence high
mere disagreement with treatment decisions does not rise to the level of a constitutional violation
discussed Cited as authority (verbatim quote) Lindsay v. Schwartz
N.D. Iowa · 2021 · quote attribution · 1 verbatim quote · confidence high
mere disagreement with treatment decisions does not rise to the level of constitutional violations.
discussed Cited as authority (verbatim quote) Cody v. Ste. Genevieve Co Jail
E.D. Mo. · 2020 · quote attribution · 1 verbatim quote · confidence high
mere -10- disagreement with treatment decisions does not rise to the level of a constitutional violation
discussed Cited as authority (verbatim quote) Robison v. Kopp
E.D. Mo. · 2020 · quote attribution · 1 verbatim quote · confidence high
mere disagreement with treatment decisions does not rise to the level of a constitutional violation
discussed Cited as authority (verbatim quote) Johnson v. Fluke
D.S.D. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
the prisoner must show more than negligence, more even than gross negligence, and mere disagreement with treatment decisions does not rise to the level of a constitutional violation.
cited Cited as authority (rule) Cody Maynard v. M2127 Director of Nursing, Medical Director at Minnehaha County Jail, official capacity
D.S.D. · 2026 · confidence medium
Allegations of negligence will not suffice, nor will “mere disagreement with treatment decisions.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Est. of Rosenberg, 56 F.3d at 37 ).
cited Cited as authority (rule) Randall William Church Cornett v. Donna (Mental Health), Mental Health Counselor at Minnehaha County Jail, Individual and Official Capacity; Sheriff Milstead, Management at Minnehaha County Jail, Official Capacity; Correctional Medical Management at Minnehaha County Jail, Official Capacity; and Anthony Helland, Director of Operations at Minnehaha County Jail, Individual and Official Capacity
D.S.D. · 2026 · confidence medium
Allegations of negligence will not suffice, nor will “mere disagreement with treatment decisions.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
cited Cited as authority (rule) Jerel McElroy v. Warden John K. Miners; Major Vicky Walker; Lieutenant Sharita Dedmon; John and Jane Doe Employees of the SWACCC Medical Department; Disciplinary Hearing Committee; and Tinda Hodge
W.D. Ark. · 2026 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir. 1997)).
cited Cited as authority (rule) Mark A. Manzella v. Angela Adams, et al.
E.D. Mo. · 2026 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000). “[T]he deliberate-indifference standard is difficult to meet.” Joseph v. Wheeler, 144 F.4th 1111 , 1113 (8th Cir. 2025).
cited Cited as authority (rule) Robert Allan West v. Gustafson, Sgt. Jailer O.1-C. Minnihaha County Jail, individual capacity; and Charge Nurse M2013, RN Nurse M2013 Minnihaha County Jail, individual capacity
D.S.D. · 2026 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ). 12 The deliberate indifference standard includes both an objective and subjective component.
discussed Cited as authority (rule) Shawn P. Willis v. Correctional Medical Management, Anthony Helland, Stacy, and Meghan (2×)
D.S.D. · 2026 · confidence medium
Allegations of negligence will not suffice, nor will “mere disagreement with treatment decisions.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
discussed Cited as authority (rule) Jonathan Dakota Justice v. Correctional Officer Emily Hanuska (Johnson County Detention Center); Correctional Officer Elizabeth Woolsey (JCDC); Lieutenant Samantha Smith (JCDC); and Jail Administrator Jeremy Bennett (JCDC)
W.D. Ark. · 2026 · confidence medium
The deliberate indifference analysis under 42 U.S.C. § 1983 involves “both an objective and a subjective component: ‘The [Plaintiff] must demonstrate (1) that [he] suffered [from] objectively serious medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.’” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Dulany v. Carnahan, 132 F.3d 1234 , 1239 (8th Cir. 1997)).
cited Cited as authority (rule) Richard Allen Smuda v. Nancy Johnston (MSOP), State of Minnesota, Minnesota Sex Offender Program
D. Minnesota · 2026 · confidence medium
Minn. June 8, 2017) (citing Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000)), R. & R. adopted, 2017 WL 4156999 (D.
discussed Cited as authority (rule) Patrick Bernard Brown v. Gene Sieger, Administrator; Tommy Rodgers, formerly John or Jane Doe, Jailer; Chris Wilson; Joey Tripp; and Joshua Owens
W.D. Ark. · 2026 · confidence medium
“To prevail on a claim of constitutionally inadequate medical care, the inmate must show that the prison officials’ conduct amounted to ‘deliberate indifference to the prisoner’s serious medical needs.” Id. at 1237-38 (quoting Estelle v. Gamble, 429 U.S. 97, 103 (1976)).4 Deliberate indifference includes an objective and subjective component: “The plaintiff must demonstrate (1) that he suffered from objectively serious medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (…
discussed Cited as authority (rule) Kobie Joe Henson v. Sheriff Mike Cash; Sergeant Josh Lingo (Jail Captain, Hot Spring County Jail); Doctor Elkin; Mark E. Smith
W.D. Ark. · 2025 · confidence medium
The deliberate indifference standard includes “both an objective and a subjective component: ‘The [Plaintiff] must demonstrate (1) that [he] suffered [from] objectively serious medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.’” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir. 1997)).
cited Cited as authority (rule) Thomas Richard Ollestad v. City of Mora, Deputy Russell Coleman, in his individual capacity, Deputy Dylan Vangorden, in his individual capacity, and Deputy Jake Kleszky, in his individual capacity
D. Minnesota · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Estate of Rosenberg v. Crandell, 56 F.3d 35, 37 (8th Cir. 1995)).
discussed Cited as authority (rule) Samuel Walter Caldwell v. Deputy Director Syrna Bowers, Omega Unit, Arkansas Division of Community Correction; Medical Services Mgr Dana Haynes, Omega Unit; RN Kelly Aunspaugh, Omega Unit; Transport Officer Lamkins, Omega Unit; Transport Officer Nava, Omega Unit; and APRN Strickland, Omega Unit
W.D. Ark. · 2025 · confidence medium
“Prison officials or their agents violate the eighth amendment if they commit ‘acts or omissions sufficiently harmful to evidence deliberate indifference to [an inmate’s] serious medical needs.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)).
discussed Cited as authority (rule) Mark Jackson v. Muscatine County, Iowa (2×)
8th Cir. · 2025 · confidence medium
See Hayes v. Faulkner Cty., 388 F.3d 669 , 673-74 (8th Cir. 2004) (for due process claims based on an extended detention without an initial appearance following arrest by a valid warrant, court considers whether defendants’ conduct offended the standards of substantive due process and whether the totality of the circumstances shocks the conscience; deliberate indifference may sufficiently shock the conscience to amount to a substantive due process violation); Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (to prove deliberate indifference, plaintiff must show more than negligence or e…
discussed Cited as authority (rule) Graham v. Koenig
D. Minnesota · 2025 · confidence medium
Deliberate indifference “is ‘more than negligence, more even than gross negligence, and mere disagreement with treatment decisions does not rise to the level of a constitutional violation.’” Id. (quoting Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000)).
discussed Cited as authority (rule) Eduardo Lopez-Mendoza v. Dr. Guy Henry and Wellpath LLC
W.D. Ark. · 2025 · confidence medium
The deliberate indifference standard includes “both an objective and a subjective component: ‘The [Plaintiff] must demonstrate (1) that [he] suffered [from] objectively serious medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.’” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Dulany v. Carnahan, 132 F.3d 1234 , 1239 (8th Cir. 1997)).
discussed Cited as authority (rule) Edwards v. Nebraska Department of Corrections
D. Neb. · 2025 · confidence medium
See Gibson v. Weber, 433 F.3d 642, 646 (8th Cir. 2006) (Eighth Amendment claim based on inadequate medical attention requires proof that officials knew about excessive risks to inmate’s health but disregarded them and that their unconstitutional actions in fact caused inmate’s injuries); Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000).
cited Cited as authority (rule) Miner v. Nept
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
discussed Cited as authority (rule) Kettner v. Castleberry
E.D. Ark. · 2025 · confidence medium
Thus, a “mere disagreement with treatment decisions does not rise to the level of a constitutional violation.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Estate of Rosenberg v. Crandell, 56 F.3d 35, 37 (8th Cir. 1995)).
cited Cited as authority (rule) Dixon v. Roberts
W.D. Ark. · 2025 · confidence medium
But “mere disagreement with treatment decisions does not give rise to the level of a constitutional violation.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000).
cited Cited as authority (rule) Bell v. Tjeerdsma
D.S.D. · 2025 · confidence medium
Jolly v Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
cited Cited as authority (rule) Lowry v. Lunzman
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
cited Cited as authority (rule) Charging Crow v. Benting
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ). .
cited Cited as authority (rule) Snowfly v. Reyes
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ) The deliberate indifference standard includes both an objective and subjective component.
cited Cited as authority (rule) Borger v. Welbig
D.S.D. · 2025 · confidence medium
Allegations of negligence will not suffice, nor will “mere disagreement with treatment decisions.” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
discussed Cited as authority (rule) O'Toole v. Danaher
D. Neb. · 2025 · confidence medium
See Gibson v. Weber, 433 F.3d 642, 646 (8th Cir. 2006) (Eighth Amendment claim based on inadequate medical attention requires proof that officials knew about excessive risks to inmate's health but disregarded them and that their unconstitutional actions in fact caused inmate's injuries); Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000).
cited Cited as authority (rule) Warfield v. South Dakota Department of Corrections
D.S.D. · 2025 · confidence medium
“Allegations of negligence will not suffice, nor will mere disagreement with treatment decisions.” Tornquist, 2024 WL 3967357 , at *7 (citing Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000)).
cited Cited as authority (rule) McPeek v. Wasco
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 15 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Estate of Rosenberg v. Crandle, 56 F.3d 35, 37 (8th Cir. 1995)).
cited Cited as authority (rule) LeGrand v. Carpenter
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Estate of Rosenberg v. Crandell, 56 F.3d 35, 37 (8th Cir. 1995)).
cited Cited as authority (rule) Whirl Wind Horse v. Lincoln County
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
cited Cited as authority (rule) Keith v. Summers
D.S.D. · 2025 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
discussed Cited as authority (rule) Smith v. Gamble
W.D. Ark. · 2024 · confidence medium
The deliberate indifference standard includes “both an objective and a subjective component: ‘The [Plaintiff] must demonstrate (1) that [she] suffered [from] objectively serious medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.’” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Dulany v. Carnahan, 132 F.3d 1234 , 1239 (8th Cir. 1997)).
discussed Cited as authority (rule) Kyle Dalen v. Jodi Harpstead
8th Cir. · 2024 · confidence medium
“The prisoner must show more than negligence, more even than gross negligence, and mere disagreement with treatment decisions does not rise to the level of a constitutional violation.” Jolly v. Knudsen, 205 F.3d 1094,1096 (8th Cir. 2000).
cited Cited as authority (rule) Grady v. Pennington County
D.S.D. · 2024 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
cited Cited as authority (rule) Hoff v. Joyce
D.N.D. · 2024 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000).
discussed Cited as authority (rule) Sallis v. Nathem
N.D. Iowa · 2024 · confidence medium
Consequently, [the plaintiff] must show “more than negligence, more even than gross negligence” to evince deliberate indifference. [Fourte v. Faulkner Cty., 746 F.3d 384, 387 (8th Cir. 2014)] (quoting Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000)).
cited Cited as authority (rule) McPeek v. Haynes
D.S.D. · 2024 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
discussed Cited as authority (rule) Stewart v. Walls.
D. Neb. · 2024 · confidence medium
See Gibson v. Weber, 433 F.3d 642, 646 (8th Cir. 2006) (Eighth Amendment claim based on inadequate medical attention requires proof that officials knew about excessive risks to inmate’s health but disregarded them and that their unconstitutional actions in fact caused inmate’s injuries); Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000).
discussed Cited as authority (rule) Bray v. Daniels
W.D. Ark. · 2024 · confidence medium
The deliberate indifference standard includes “both an objective and a subjective component: ‘The [Plaintiff] must demonstrate (1) that [he] suffered [from] objectively serious medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.’” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Dulany v. Carnahan, 132 F.3d 1234 , 1239 (8th Cir. 1997)).
cited Cited as authority (rule) Tornquist v. State of South Dakota
D.S.D. · 2024 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ). 15 The deliberate indifference standard includes both an objective and subjective component.
cited Cited as authority (rule) Stork v. SD State Prison
D.S.D. · 2024 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37 ).
cited Cited as authority (rule) Scott v. Haynes
D.S.D. · 2024 · confidence medium
Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (citing Est. of Rosenberg, 56 F.3d at 37).
Retrieving the full opinion text from the archive…
Harrison JOLLY, Appellant,
v.
John KNUDSEN, Correctional Medical Systems, ARA Services, Inc., and Jerry Jorgensen, Appellees
99-1928.
Court of Appeals for the Eighth Circuit.
Mar 9, 2000.
205 F.3d 1094
2000 U.S. App. LEXIS 3720
2000 WL 260584
Howard B. Eisenberg, Milwaukee, Wisconsin, argued (Margaret O’Connor, on the brief), for appellant., John J. Treu, Jefferson City, Missouri, argued, for appellee.
Wollman, Arnold, Murphy.
Cited by 351 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

Harrison Jolly, an inmate in a Missouri prison, brought an action under 42 U.S.C. § 1983 against various physicians, medical care providers, and, prison employees, alleging that the medical care that he received while in prison constituted cruel and unusual punishment in violation of the eighth amendment. The district court [1] awarded summary judgment in favor of all defendants. Mr. Jolly appeals from the district court’s award of summary judgment with respect to some of those defendants, and we affirm.

I.

Mr. Jolly maintained in the district court that he had an episode in 1973 that a private physician diagnosed as an epileptic seizure. At that time, the attending doctor prescribed medication to control Mr. Jolly’s seizures, and he has apparently continued to take medication since then.

Mr. Jolly’s complaint primarily concerns actions taken by his physician, Dr. John Knudsen, at the prison. At one point, Dr. Knudsen increased the dosage of certain medicines that were prescribed to control Mr. Jolly’s seizures, a change that Mr. Jolly says was unwarranted. Shortly afterward, Mr. Jolly claimed to suffer from blurred vision, dizziness, and severe headaches. In the subsequent weeks, Dr. Knudsen made various adjustments to Mr. Jolly’s medication schedule, and had Mr. Jolly examined by a neurologist. The neurologist found that one medicine had reached a toxic level in Mr. Jolly’s blood, and ordered a reduction in the dosage level for that medication.

The gravamen of Mr. Jolly’s argument is that the increase in his dosage levels was detrimental to his health, and re-fleeted a deliberate indifference on Dr. Knudsen’s part to an excessive risk to Mr. Jolly’s well-being. The district court rejected that argument, finding that Dr. Knudsen’s decision to change Mr. Jolly’s dosage levels was in response to blood tests indicating that the medications were at sub-therapeutic levels. The district court concluded that Mr. Jolly failed to make any showing that Dr. Knudsen was deliberately indifferent to any excessive risk to Mr. Jolly’s health. See Logan v. Clarke, 119 F.3d 647, 649 (8th Cir.1997). We review the district court’s award of summary judgment in favor of the defendants de novo, see Lynn v. Deaconess Medical Center —West Campus, 160 F.3d 484, 486 (8th Cir.1998), drawing all inferences in favor of Mr. Jolly. See Fed. R.Civ.P. 56(c).

II.

Prison officials or their agents violate the eighth amendment if they commit “acts or omissions sufficiently harmful to evidence deliberate indifferpnee 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). Our court has interpreted this standard as including both an objective and a subjective component: “The [plaintiff] must demonstrate (1) that [he] suffered [from] objectively serious medical needs and (2) that the prison officials actually knew of but deliberately disregarded those needs.” Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.1997). “The prisoner must show more than negligence, more even than gross negligence, and mere disagreement with treatment decisions does not rise to the level of a constitutional violation.” Estate of Rosenberg v. Crandell, 56 F.3d 35, 37 (8th Cir.1995).

Mr. Jolly’s appellate counsel candidly admitted in oral argument that the case that Mr. Jolly tried to make to the[*1097] district court — that the increase in dosage levels reflected deliberate indifference on the part of Dr. Knudsen — was unwinnable. We agree with this assessment. Dr. Knudsen stated in his affidavit that he initially increased Mr. Jolly’s dosage levels because the concentrations of the medicines in Mr. Jolly’s blood were at sub-therapeutic levels. Mr. Jolly presented no evidence beyond his own unsupported speculation that this was untrue.

It is also undisputed that Dr. Knudsen saw Mr. Jolly on numerous occasions following the dosage changes, attempted various corrective actions, and referred Mr. Jolly to a specialist. Although multiple contacts with medical personnel do not always preclude a finding of deliberate indifference, see Warren v. Fanning, 950 F.2d 1370, 1373 (8th Cir.1991), cert. denied, 506 U.S. 836, 113 S.Ct. 111, 121 L.Ed.2d 68 (1992), Dr. Knudsen’s actions in this case cannot reasonably be said to reflect deliberate indifference. The only relevant evidence in the record indicates that Dr. Knudsen’s actions were aimed at correcting perceived difficulties in Mr. Jolly’s dosage levels. The record does not support a finding that the medical care in this case was “so inappropriate as to evidence intentional maltreatment,” Smith v. Jenkins, 919 F.2d 90, 93 (8th Cir.1990).

On appeal, Mr. Jolly advances for the first time the theory that, in fact, he does not have a seizure disorder at all, and that it was Dr. Knudsen’s efforts to treat this nonexistent disease, both before and after the dosage increases, that constituted deliberate indifference. Mr. Jolly advances this theory now in spite of the fact that he himself has long made, both in this litigation and in earlier litigation before this court, see Jolly v. Badgett, 144 F.3d 573, 573 (8th Cir.1998) (per curiam), the exact opposite contention, namely, that he does have a seizure disorder. “As a general rule, we do not consider arguments or theories on appeal that were not advanced in the proceedings below.” Wright v. Newman, 735 F.2d 1073, 1076 (8th Cir.1984). Although this is “not a flat rule but rather a matter of prudence and discretion,” Struempler v. Bowen, 822 F.2d 40, 42 (8th Cir.1987), we do not believe that deviation from the general rule is warranted here.

Dr. Knudsen had no warning that Mr. Jolly would raise such a theory on appeal, and the doctor was thus denied the opportunity to prepare the record in the district court that he might have prepared had he known of this new theory. See Wright, 735 F.2d at 1076. It bears emphasis in this context, we think, that Mr. Jolly’s new theory focuses on the historic evidence that he has a seizure disorder and the reasons for originally prescribing the drugs used, and not on the events that led Dr. Knudsen to increase the medication levels.

Nor would it be manifestly unjust not to consider this new theory, because Mr. Jolly would not prevail on it in any event. In light of the pre-existing diagnosis of an epileptic seizure, and Mr. Jolly’s own claims that he has historically had seizures, we do not believe that his reconstituted argument makes out a case for anything more than negligence on the part of his medical care providers. Mr. Jolly appears to contend simply that Dr. Knudsen either negligently misdiagnosed him or negligently relied on the 1973 diagnosis. In neither case does Mr. Jolly make out a violation of his eighth amendment rights. See Bellecourt v. United States, 994 F.2d 427, 431 (8th Cir.1993), cert. denied, 510 U.S. 1109, 114 S.Ct. 1049, 127 L.Ed.2d 371 (1994) (an incorrect diagnosis does not violate a prisoner’s eighth amendment rights); see also Gamble, 429 U.S. at 106, 97 S.Ct. 285 (medical malpractice does not violate a prisoner’s eighth amendment rights).

III.

Mr. Jolly also appeals from the district court’s grant of summary judgment in favor of Jerry Jorgensen, ARA Health Services, Inc., and Correctional Medical Ser[*1098] vices. Mr. Jorgensen was the health care administrator at the prison, and ARA (which was doing business as Correctional Medical Services), provided health care 'services there, using Dr. Knudsen as a contractor. Mr. Jolly’s theory of liability in the district court was that Mr. Jorgen-son and the corporate defendants could be held liable, as supervisors, for acts by Dr. Knudsen. Because we have found that Dr. Knudsen did not violate Mr. Jolly’s rights, however, no liability can attach to Mr. Jorgensen or to the other two defendants as a result of Dr. Knudsen’s actions.

IV.

For the foregoing reasons, we affirm the district court’s grant of summary judgment in favor of the defendants.

1

. The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.