Beckermann v. Babich, 1:16-cv-00105

In June 2015 at Southeast Correctional Center (SECC) Beckermann fractured his right hand after a fight; initial evaluation by Nurse Stanley showed no obvious deformity and no emergent treatment was provided.
SECC had two non-emergency pathways for inmates in segregation: submit a Health Services Request (HSR) or activate the Incident Command System (ICS) for emergencies; Beckermann did not activate ICS.
Beckermann later submitted an HSR for his hand; Nurse Clements assessed possible fracture, gave ibuprofen, splinted the hand, applied ice, and referred him for x-ray. An x-ray two days later confirmed a fracture.
Dr. Eppolito requested an orthopedic consult and prescribed Tylenol #3; Dr. Babich approved the consult and subsequent surgery, which the orthopedic specialist performed about a month after approval.
Beckermann sued multiple Corizon medical providers and SECC correctional staff alleging Eighth Amendment deliberate indifference and a First Amendment retaliation claim against Deputy Warden Strange; the court dismissed official-capacity and some other claims earlier.
Defendants moved for summary judgment; Beckermann did not oppose. The court granted summary judgment for all defendants, finding no genuine dispute of material fact showing deliberate indifference or retaliation and awarding qualified immunity where applicable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Corizon medical staff were deliberately indifferent to a serious medical need (Eighth Amendment)	Beckermann says defendants delayed/denied treatment for his fractured hand causing harm	Medical staff say they evaluated him, provided splinting, pain meds, x-ray referral, and timely orthopedic care	No deliberate indifference; summary judgment for Corizon defendants
Whether SECC officers were deliberately indifferent by not securing immediate treatment	Beckermann says officers ignored visible fracture and reports of denial of care	Officers say they observed no emergency, informed Beckermann of HSR/ICS procedures, and had no subjective knowledge of serious risk	No deliberate indifference; summary judgment for officers
Whether Deputy Warden Strange retaliated by transferring Beckermann for using grievances (First Amendment)	Beckermann alleges transfer intended to chill grievance use	Strange says transfer approved for security/bed management; Beckermann failed to exhaust administrative remedies on this claim	Retaliation claim fails: lack of exhaustion and no evidence of retaliatory motive; summary judgment for Strange
Whether defendants are entitled to qualified immunity	N/A (Plaintiff asserts constitutional violations)	Defendants argue no constitutional violation, so qualified immunity applies	Qualified immunity applies where no constitutional violation found; summary judgment affirmed

Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference to serious medical needs violates the Eighth Amendment)
Farmer v. Brennan, 511 U.S. 825 (1994) (subjective component: official must know and disregard substantial risk)
Fourte v. Faulkner Cty., 746 F.3d 384 (8th Cir. 2014) (defines serious medical need and deliberate indifference standard)
Jolly v. Knudsen, 205 F.3d 1094 (8th Cir. 2000) (distinguishes objective and subjective elements of Eighth Amendment claim)
Pietrafeso v. Lawrence Cty., 452 F.3d 978 (8th Cir. 2006) (delay or denial of care can constitute deliberate indifference if intentional)
Crowley v. Hedgepeth, 109 F.3d 500 (8th Cir. 1997) (no verified evidence of harm from delay defeats Eighth Amendment claim)
Krout v. Goemmer, 583 F.3d 557 (8th Cir. 2009) (qualified immunity where no constitutional violation found)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standards)
Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (standard for genuine dispute at summary judgment)
Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574 (1986) (nonmoving party must show specific facts creating genuine issue)
Poller v. Columbia Broadcasting Sys., 368 U.S. 464 (1962) (summary judgment may be granted when no genuine issue exists)