Harold E. Meadows v. Gary Herigon (8th Cir. 2003)
Federal Circuits, 8th Cir. (December 10, 2003)
Docket number: 03-2207
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http://vlex.com/vid/18517939
Id. vLex: VLEX-18517939
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U.S. Supreme Court - Farmer v. Brennan, 511 U.S. 825 (1994)
U.S. Court of Appeals for the 8th Cir. - Walter Warren, Plaintiff-Appellant, v. State of Missouri; Dick Moore; Bill Armontrout; Leonard Rutledge; Richard A. Anderson; Richard K. Bowers; Keith Heidbreder; Loren Stout, Defendants-Appellees., 995 F.2d 130 (8th Cir. 1993) Plaintiff-Appellant, v. State of Missouri; Dick Moore; Bill Armontrout; Leonard Rutledge; Richard A. Anderson; Richard K. Bowers; Keith Heidbreder; Loren Stout, Defendants-Appellees.
United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 03-2207 Harold E. Meadows, Appellant, v. Gary Herigon, Furniture Factory Superintendent II; Carl Morris, Furniture Factory Manager II; Ron Schultz, Furniture Factory Superintendent III, Individually and in their Official Capacities, Appellees. Submitted: October 28, 2003 Filed: December 10, 2003 Before RILEY, McMILLIAN, and SMITH, Circuit Judges. PER CURIAM. Harold E. Meadows, a Missouri prisoner, appeals the district court§ 1983 action. We affirm. Meadows worked in the furniture factory at his correctional center and was injured while using a rip saw to cut a 1/4-inch trim piece. He sued his work supervisors for deliberate indifference because they had required him to use the saw to rip pieces of wood less than 2 inches in width, a purpose for which the saw allegedly had not been designed. He presented evidence showing that defendants knew inmates could be injured while feeding wood less than 2 inches wide into the rip saw. Defendants took some safety precautions, e.g., they moved the saw and erected a plywood wall, but these measures did not prevent MeadowsÂ’s injury. Upon de novo review, see Anderson v. Larson, 327 F.3d 762, 767 (8th Cir. 2003), we conclude that defendantsÂ’ knowledge of potential injury from cutting trim pieces of wood on the rip saw was not enoughparticularly in light of defendantsÂ’ attempts to take some precautionsto permit a finding of deliberate indifference to a serious issue of workplace safety, see Farmer v. Brennan, 511 U.S. 825, 834-37, 844 (1994); Warren v. Missouri, 995 F.2d 130, 131 (8th Cir. 1993). Meadows contends that a material safety data sheet which he sought from defendants would have shown the saw was not to be used to cut trim pieces of wood, but this document was not presented to the district court and there is no indication that Meadows ever moved to compel production of it. Accordingly, we affirm. Appeal from the United States District Court for the Western District of Missouri. [UNPUBLISHED] [1] The Honorable, Scott O. Wright, United States District Judge for the Western District of Missouri, adopting the report and recommendations of the Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri.