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Robert M. Burns v. Bobby Gray, Sheriff, McIntosh County Joe Johnson, Mayor, City of Eufaula, Oklahoma O.R. Barris, Assistant District Attorney, McIntosh County
Citations: 106 F.3d 413; 1997 WL 26534; 1997 U.S. App. LEXIS 25874Docket: 96-7071
Court: Court of Appeals for the Tenth Circuit; January 23, 1997; Federal Appellate Court
Unpublished opinions can now be cited if they have persuasive value on a material issue, provided a copy is attached to the citing document or supplied to the Court and all parties during oral arguments. In the case of Robert M. Burns v. Bobby Gray et al., the Tenth Circuit reviewed a civil rights action under 42 U.S.C. § 1983, where Burns alleged violations of his constitutional right to medical care while incarcerated. The district court dismissed the claims against Assistant District Attorney O.R. Barris, citing prosecutorial immunity, and granted summary judgment for Sheriff Bobby Gray, asserting he was not deliberately indifferent to Burns' medical needs. The court later dismissed the entire action under 28 U.S.C. § 1915 due to the lack of legal or factual basis for the claims. On appeal, Burns contended that the district court erred in its rulings regarding Barris' immunity, Gray's indifference, the mootness of a pharmacy bill claim, and the improper submission of his deposition excerpts by Gray. The Tenth Circuit found that the district court's determinations on the first three arguments were correct and affirmed those decisions. Additionally, the court dismissed Burns' claim regarding access to his deposition, noting no legal requirement existed for the government to provide litigants in forma pauperis with deposition transcripts. Mr. Burns' access to his deposition does not affect the case outcome, as the district court did not rely on it for its decision. His claims that the deposition process was intended to aggravate or harass him lack support and are deemed conclusory. There were no unauthorized motions filed on behalf of Mr. Gray, with the court confirming that Chris J. Collins was the attorney of record throughout the proceedings. Mr. Burns submitted new exhibits in his appeal that were not part of the district court record, which are not eligible for review per established legal precedent. The judgment from the United States District Court for the Eastern District of Oklahoma is affirmed, and the mandate will be issued immediately. This ruling is not a binding precedent except under specific legal doctrines. The court generally discourages citing orders and judgments, but such citations are permissible under specific conditions. Additionally, Mr. Burns has retracted allegations against Joe Johnson, the Mayor of Eufaula, Oklahoma, and both parties consented to the magistrate judge making the judgment. The Prison Litigation Reform Act mandates dismissal of frivolous or malicious claims, or those failing to state a valid claim or seeking monetary relief from immune defendants.