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Nancy Sims v. Nikita Brown
20-2925
8th Cir.
Jul 8, 2021
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*2 Before LOKEN, MELLOY, and KOBES, Circuit Judges.

____________

PER CURIAM.

Nancy Sims appeals the district court’s [1] adverse grant of summary judgment in her action under 42 U.S.C. § 1983 and the Arkansas Civil Rights Act (ACRA), Ark. Code Ann. § 16-123-101 et seq. Upon careful de novo review, see Holden v. Hirner, 663 F.3d 336, 340 (8th Cir. 2011) (standard of review), we affirm. We agree with the district court that Sims did not establish that defendants were deliberately indifferent in failing to protect her from assault by a fellow pretrial detainee, or in providing her medical care after the assault. See Barton v. Taber, 908 F.3d 1119, 1124, 1126 (8th Cir. 2018) (pretrial detainee must show that he suffered from objectively serious medical need, and that defendant actually knew of that need but deliberately disregarded it; federal deliberate-indifference standard applies to ACRA claims brought by pretrial detainees); Schoelch v. Mitchell, 625 F.3d 1041, 1048 (8th Cir. 2010) (evidence showed that fellow detainee’s attack on plaintiff was surprise, and failed to establish constitutional violation for failure to protect).

The judgment is affirmed. See 8th Cir. R. 47B.

______________________________

[1] The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas. -2-

Case Details

Case Name: Nancy Sims v. Nikita Brown
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Jul 8, 2021
Docket Number: 20-2925
Court Abbreviation: 8th Cir.
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