Broadway v. Norris
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
| Citation | 193 F.3d 987 |
| Docket Number | No. 98-4105EA,98-4105EA |
| Parties | (8th Cir. 1999) Emmit Broadway, also known as Emmit Daniels, Appellee, v. Larry Norris, Director, Arkansas Department of Correction, in his official and individual capacities; and Marvin Evans, Warden, East Arkansas Regional Facility, Arkansas Department of Correction, in his official and individual capacities, Appellants. Submitted: |
| Decision Date | 15 September 1999 |
Page 987
v.
Larry Norris, Director, Arkansas Department of Correction, in his official and individual capacities; and Marvin Evans, Warden, East Arkansas Regional Facility, Arkansas Department of Correction, in his official and individual capacities, Appellants.
Filed: October 22, 1999
On Appeal from the United States District Court for the Eastern District of Arkansas.
Before RICHARD S. ARNOLD, FLOYD R. GIBSON, and LOKEN, Circuit Judges.
RICHARD S. ARNOLD, Circuit Judge
Larry Norris and Marvin Evans appeal the District Court's 1 denial of their "motion
Page 988
for reconsideration." As the District Court did, we construe this motion as a request for relief under Federal Rule of Civil Procedure 60(b). We lack jurisdiction to hear a portion of the appeal, and dismiss as to that portion. As to the rest of the appeal, we review for abuse of discretion, see Sanders v. Clemco Indus., 862 F.2d 161, 169 (8th Cir. 1988), and, finding none, we affirm.
I.
Emmit Broadway brings this action under 42 U.S.C. 1983. Broadway's claims arise from his pre-trial detention in the East Arkansas Regional Facility of the Arkansas Department of Correction in March of 1996. Broadway alleges that during his period of confinement, he did not receive necessary medical attention, and that his Fifth, Eighth, Ninth, and Fourteenth Amendment rights were violated. Broadway brought this action against Larry Norris and Marvin Evans of the Arkansas Department of Correction, and Carl Oxner, Sheriff of Lee County, in their respective official and individual capacities. Broadway also named various medical persons as defendants.
The principal allegations of the complaint with respect to the defendants Norris and Evans, who are the appellants in this Court, were as follows: "Defendants Norris and Evans . . . failed to install any form of audit procedures to check on the performance of its contractor of medical services; and therefore, allowed and does now allow to exist the deprivation of adequate medical services to inmates, to include Plaintiff." Complaint, 28. Plaintiff further alleges: "The acts and omissions of Defendants Norris and Evans . . . in failing to audit the performance of the medical Defendants in carrying out their duties under the contract, and in their contract which encouraged the providers of health care to delay and/or deny necessary medical examinations and treatments, constitute deliberate indifference to serious medical needs and denial of necessary medical treatment for Plaintiff. . . ." Id., 30. Finally, plaintiff alleges: "Defendants, knowing of the medical needs of Plaintiff . . . failed and neglected to establish and implement policies, practices, and procedures designed to assure that Plaintiff receive medical treatment and care at the standards therefor in Arkansas as a whole, or have adopted policies, practices, and procedures which Defendants knew or reasonably should have known, would be ineffective in delivering medical treatment and care. . . ." Id., 48.
Two motions to dismiss were filed: one by Carl Oxner and one by separate defendants Larry Norris and Marvin Evans. Norris's and Evans's motion asserted both qualified-immunity and respondeat superior defenses. Their motion also argued that plaintiff's complaint should be dismissed for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
On...
To continue reading
Request your trial
-
U.S. v. Rodriguez, Criminal Case No. C2-04-55.
...or a "Motion for Relief from Judgment or Order" pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Broadway v. Norris, 193 F.3d 987, 989 (8th Cir.1999). Since this motion asks the Court to vacate its previous ruling, it is apparently a Motion for Relief from Order pursuant to R......
-
White v. Smith, 4:09CV3145.
...which its motion is made, courts are “put in the difficult position of deciding” how best to characterize the motion. Broadway v. Norris, 193 F.3d 987, 989 (8th Cir.1999). See also Ackerland v. United States, 633 F.3d 698, 701 (8th Cir.2011) (noting that the court of appeals discourages “th......
-
U.S. Commodity Futures Trading Comm'n v. Jonathan W. Arrington, Elite Mgmt. Holdings Corp., Case No. 8:11CV181.
...is ‘not a vehicle for simple reargument on the merits.’ ” Arnold v. Wood, 238 F.3d 992, 998 (8th Cir.2001) (quoting Broadway v. Norris, 193 F.3d 987, 990 (8th Cir.1999)).DISCUSSIONI. Manifest Error Kratville has not identified manifest errors of law or fact that require the Court to alter o......
-
Clay v. Credit Bureau Enters., Inc., C11–2007.
...receiving adequate redress.” Id. at 871. A Rule 60(b) motion “is not a vehicle for simple reargument on the merits.” Broadway v. Norris, 193 F.3d 987, 990 (8th Cir.1999).IV. DISCUSSIONA. Timeliness of Clay's Claims In the ruling on CBE's motion for summary judgment, the Court determined tha......
-
Table of Cases
...2015 WL 3461472 (9th Cir. June 2, 2015), 9 th -15 Broadbent v. Harris , 698 F.2d 407, 413 (10th Cir. 1983), § 204.2 Broadway v. Norris, 193 F.3d 987, 990 (8th Cir. 1999), § 604.12 Brockman v. Sullivan , 987 F.2d 1344, 1348 (8th Cir. 1993), §§ 312.2, 1601.1 Brock v. Apfel , 118 F. Supp.2d 97......