Wednesday, November 05, 2008

Dismissal of Prisoner's 8th Amendment Claim Affirmed

Duffield v. Jackson, ___ F.3d ___, 2008 WL 4780922 (10th Cir. 2008)
No interest of justice exception to pro se inmate’s failure to object to (or failure to ask for an extension of time to object to) magistrate’s recommendation dismissing his § 1983 8th Amendment claim of deliberate indifference regarding inadequate medical care. Plaintiff failed on the merits to show the defendants’ actions rose to the level of “unnecessary and wanton infliction of pain,” and failed to show an affirmative link between each defendant and the constitutional deprivation.