Jose Antonio Caban v. United States

1 The Honorable Beverly Stites Jones, Unites States Magistrate Judge for the
Western District of Arkansas, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-3180
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Vaughn Lee Miller, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Western
* District of Arkansas.
Andy Lee, Sheriff, Benton County; *
Deputy R. D. Connor; * [UNPUBLISHED]
Deputy Paul Newell, *
*
Appellees. *
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Submitted: February 4, 2002
Filed: February 7, 2002
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Before LOKEN, BEAM, and RILEY, Circuit Judges.
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PER CURIAM.
Arkansas inmate Vaughn Lee Miller filed a 42 U.S.C. § 1983 complaint against
two Benton County deputies and the sheriff, based on injuries he allegedly received
while being transported from one jail to another. The district court 1 granted
defendants’ motion for summary judgment, finding that Miller’s complaint alleged

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no more than negligence and therefore did not state a section 1983 claim. Upon de
novo review, see Spencer v. Knapheide Truck Equip. Co., 183 F.3d 902, 904-05 (8th
Cir. 1999), cert. denied, 528 U.S. 1157 (2000), we agree with the district court, see
Williams v. Kelso, 201 F.3d 1060, 1065 (8th Cir. 2000) (to establish claim of
deliberate indifference to substantial risk of serious harm, plaintiff must show more
than negligence); Tlamka v. Serrell, 244 F.3d 628, 635 (8th Cir. 2001) (supervisor
liability arises only if supervisor directly participates in constitutional violation, or
failure to train causes constitutional deprivation).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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