## United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 97-1924

___________ Vernon L. Nabert, *

* Appellant, *

*

v. *

* Kevin Murphy, Assistant Warden, * Individually and in Official Capacity, * Benton Unit, Arkansas Department * of Correction; Nolan, Major, * Individually and in Official Capacity, * Chief of Security, Benton Unit, * Arkansas Department of Correction; * Appeal from the United States Campbell, Lt., Individually and in * District Court for the Official Capacity, Correctional Officer, * Eastern District of Arkansas. Benton Unit, Arkansas Department * of Correction; John Doe, Lt., * [UNPUBLISHED] Individually and in Official Capacity, * Correctional Officer, Benton Unit, * Arkansas Department of Correction; * Blevins, Sgt., Individually and in * Official Capacity, Correctional Officer, * Benton Unit, Arkansas Department of * Correction; Newborn, Sgt., Individually * and in Official Capacity, Correctional * Officer, Benton Unit, Arkansas * Department of Correction; Courtney, * Warden, originally sued as Warden * Cortney, Individually & in Official * Capacity, Benton Unit, Arkansas * Department of Correction; Judy *-2-

McGuire, Classification Officer, * Individually and in Official Capacity, * Benton Unit, Arkansas Department of * Correction; Jim Guy Tucker, Governor * and Prison Commission of the State * of Arkansas; Winston Bryant, Attorney * General, State of Arkansas; David * McClinton, Chairman, Arkansas Board * of Corrections; Janis Walmsley, * Member, Arkansas Board of * Corrections; Hezekiah D. Stewart, Jr., * Member, Arkansas Board of * Corrections; Bobby L. Roberts, * Member, Arkansas Board of * Corrections; Morris H. Dreher, * Member, Arkansas Board of * Corrections; Larry A. Morris, Member, * Arkansas Board of Corrections; * Mike Gaines, Member, Arkansas * Board of Corrections; Larry Norris, * Interim Director, Arkansas Department * of Corrections; Max Mobley, Assistant * Director Health and Correctional * Programs, Arkansas Department of * Corrections; John Byus, Administrator, * Medical and Dental Services, Arkansas * Department of Corrections; Willis * Sargent, Warden, Diagnostic Unit, * Arkansas Department of Corrections; * Tillman, Lieutenant, Chief of Security, * Diagnostic Unit Hospital, Arkansas * Department of Corrections; Lowe, * Sargent, Correctional Officer, * Diagnostic Unit, Arkansas Department * of Corrections; PHP Healthcare, Inc., * Healthcare Provider Under Contract * with the State of Arkansas and *-3-

Arkansas Department of Corrections; * Charles Robins, President, PHP * Healthcare, Inc. (originally sued as * Charles Robinson); David Rowe, Dr., * Medical Director PHP Healthcare, * Inc.; Neema Garst, Dr., Medical * Doctor PHP Healthcare, Inc.; * Rebekah Lawson, Supervisor, PHP * Healthcare, Inc., Diagnostic Unit * Hospital; Sharilyn Bealer, Nurse, * PHP Healthcare, Inc., Diagnostic Unit * Hospital; Tanya Squires, Nurse, PHP * Healthcare, Inc., Diagnostic Unit * Hospital; Charlotte Schull, Nurse, * PHP Healthcare, Inc., Diagnostic * Unit Hospital, (originally sued as * Charlotte Skulls); John Does, Other * Unknown Individuals, in their * individually and official capacities, *

* Appellees. *

___________ Submitted: July 31, 1998
Filed: September 21, 1998

___________
Befo re McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPAR D ARNOLD, Circuit Judges.

___________The Honorable John F. Forster, Jr., United States Magistrate Judge for th e 1 EasternDistrict of Arkansas, to whom the case was referred for final disposition b y consent of the parties pursuant to 28 U.S.C. § 636(c).

-4- PER CURIAM.

In this 42 U.S.C. § 1983 action, former Arkansas inmate Vernon L. Nabert
appe als the magistrate judge & s grant of judgment as a matter of law in favor of tw o 1 defendants, and his entry of j udgment upon a jury verdict in favor of three defendants. We affirm.

Mr

. Nabert filed this suit for damages against thirty defendants who wer e aff iliatedwith the Arkansas Department of Correction (ADC) or responsible for th e de liveryof health care to ADC inmates through PHP Healthcare, Inc. After th e

ma gistratejudge granted summary judgment in favor of all but five defendants
, Mr. Nabert proceeded to trial on his claim that the remaining five defendants wer e deliberately indifferent to his serious medical needs.

Afte r de novo review, we conclude the magistrate judge correctly grante d judgment as a matter of law in favor of defendants Max Mobley and Sharilyn Bealer,

see Sip-Top, Inc. v. Ekco Group, Inc. , 86 F.3d 827, 830 (8th Cir. 1996) (standard of review), because there was no evidence that either of these defendants was involved inthe trea tment decisions about which Mr. Nabert complained, see Keeper v. King
, 130 F.3d 1309, 1314 (8th Cir. 1997). As to the jury verdict in favor of defendants Dr. Neema Garst, Dr. David Rowe, and nurseRebekah Lawson, we review for plain error only, bec ause Nabert did not move for judgment as a matter of law after the jury delivered its verdict. SeeFed. R. Civ. P. 50; Cross v. Cleaver , 142 F.3 d 1059, 1069-70 (8th Cir. 1998) (standard of review where appellant did not move for JAML). We find no such error after considering the evidence in the light most fa vorable to the prevailing parties. See Estelle v. Gamble , 429 U.S. 97, 104-07 (1976); Keeper , 130 F.3d at-5-

1313- 14; Warren v. Flanning , 950 F.2d 1370, 1373 (8th Cir. 1991) (inmate & s disagreement with course of medic al treatment does not constitute Eighth Amendment violation), cert. denied , 506 U.S. 836 (1992).

Mr. Nabert also argues he was denied the opportunity to present certai n evidence, including the testimony of his treating specialist s, but he did not preserve any evidentiary issue f

or appeal through an offer of proof. See Keeper , 130 F.3d at 1315. Final ly, Mr. Nabert & s claims of ineffective assistance of counsel are not grounds fo r reversal inthis civil action. See Glick v. Henderson , 855 F.2d 536, 541 (8th Cir

. 1988).

Accordingly, we affirm the judgment.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.