Timothy Barr v. Rebecca Pearson
909 F.3d 919
8th Cir.2018Background
- Timothy Barr, a Missouri DOC inmate, was diagnosed with multiple sclerosis by a neurologist in May 2014 and began Avonex injections in June 2014.
- Medical records show Barr received injections through October 2014; several providers documented that Barr complained of adverse side effects and either refused or stopped Avonex.
- Barr’s affidavit disputes parts of the record, asserting defendants stopped giving and prescribing Avonex on October 8, 2014, and that he did not refuse the medication.
- After cessation of Avonex, providers continued medical care: prescribed other medications, scheduled follow-ups, and ordered diagnostic testing (including an echocardiogram and optometrist follow-up for blurry vision).
- Barr sued under 42 U.S.C. § 1983 claiming Defendants (state-contracted health care providers) violated the Eighth Amendment by stopping his Avonex treatment; the district court granted summary judgment for Defendants.
- The Eighth Circuit affirmed, holding the record did not show deliberate indifference by defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stopping Avonex constituted Eighth Amendment deliberate indifference | Barr argues defendants stopped prescribing/ administering his MS medication, causing denial of necessary care | Defendants argue stopping Avonex was reasonable given reported side effects, continued care, and independent medical judgment | Court held no deliberate indifference: stopping treatment was within medical judgment, no allegation of resulting harm, and continued care occurred |
Key Cases Cited
- Rooney v. Rock-Tenn Converting Co., 878 F.3d 1111 (8th Cir. 2018) (standard of review for summary judgment)
- Schaub v. VonWald, 638 F.3d 905 (8th Cir. 2011) (Eighth Amendment deliberate indifference framework for inmate medical care)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference standard comparable to criminal recklessness)
- Estelle v. Gamble, 429 U.S. 97 (1976) (medical negligence is insufficient for Eighth Amendment claim)
- Gordon ex rel. Gordon v. Frank, 454 F.3d 858 (8th Cir. 2006) (liability requires disregard of a known risk to inmate health)
- Dulany v. Carnahan, 132 F.3d 1234 (8th Cir. 1997) (no right to a particular or requested course of treatment)
- Meuir v. Greene Cty. Jail Emps., 487 F.3d 1115 (8th Cir. 2007) (difference of medical opinion does not establish a constitutional violation)