Kevin Maurice Brown v. FNU Cole, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted the magistrate judge’s Report and Recommendation and granted Dr. Michael Boger’s motion to dismiss a prisoner’s Eighth Amendment deliberate-indifference claim. The court concluded that the plaintiff had not plausibly alleged that Dr. Boger knew of and disregarded a substantial risk of serious harm by failing to provide a walking cane or stick, and dismissed the action without prejudice.

Holdings

1. A party who does not make a specific objection to the magistrate judge's Report and Recommendation waives further review of the issues addressed in the Report.
2. A prisoner does not state an Eighth Amendment deliberate-indifference claim merely by alleging a disagreement with a physician's treatment decision; the allegations must plausibly establish both an objectively serious medical need and the defendant's subjective awareness of, and disregard for, a substantial risk of serious harm.
3. Brown's motion for a permanent injunction was denied as moot after the underlying action was dismissed.

Questions Presented

1. Whether Brown's objection to the magistrate judge's Report and Recommendation was sufficiently specific to preserve de novo review.
2. Whether Brown plausibly alleged that Dr. Boger acted with deliberate indifference to a serious medical need in violation of the Eighth Amendment.
3. Whether Brown's motion for a permanent injunction should be granted.

Disposition

dismissed