Donald Evans v. George Lombardi Carl White Co-I J. Linn John Doe

Docket: 94-1630

Court: Court of Appeals for the Eighth Circuit; October 7, 1994; Federal Appellate Court

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Donald Evans, a Missouri inmate, filed a 42 U.S.C. § 1983 action after being disciplined by a prison adjustment board for resisting a guard's search. The district court dismissed his claims against Linn and a John Doe defendant under Federal Rule of Civil Procedure 4(m) due to Evans's failure to provide necessary information for serving process. The court granted summary judgment in favor of George Lombardi and Carl White on the remaining claims. 

The Eighth Circuit Court of Appeals found no abuse of discretion by the district court regarding the dismissal, noting that Evans had sufficient opportunity to assist in the service of process but did not demonstrate good cause for his failure. The court also upheld the disciplinary proceedings, determining that Evans's due process rights were not violated as the adjustment board followed required procedures and had sufficient evidence to support its decision. Furthermore, Evans did not provide adequate evidence to show that Lombardi and White were deliberately indifferent or involved in the alleged misconduct. The court concluded that Evans's other arguments were without merit and affirmed the district court's decisions.