United States Court of Appeals

For the Eighth Circuit

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No. 15-1372

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Andre Deon McEwing

lllllllllllllllllllll Plaintiff - Appellant

v.

Shores, Lieutenant, Varner Unit, Arkansas Department of Correction; Robert

Hutcheson, Sergeant, Varner Unit, Arkansas Department of Correction; Cockrell,

Sergeant, Varner Unit, Arkansas Department of Correction; Hayes, Sergeant,

Varner Unit, Arkansas Department of Correction; J. Byers, Major, Varner Unit,

Arkansas Department of Correction; James Plummer, Sergeant, Varner Unit,

Arkansas Department of Correction; J. Price, Property Officer, Varner Unit,

Arkansas Department of Correction; Newton, Nurse, Varner Unit, Arkansas

Department of Correction

lllllllllllllllllllll Defendants - Appellees

M. Rowe, Nurse, Varner Unit, Arkansas Department of Correction

lllllllllllllllllllll Defendant

Floria Washington, Sergeant, Varner Unit, Arkansas Department of Correction;

Tonda Spencer, Sergeant, Varner Unit, Arkansas Department of Correction;

Minnie Drayer, Administrative Disciplinary Judge, Varner Unit, Arkansas

Department of Correction; J. Banks, Unit Warden, Varner Unit, Arkansas

Department of Correction; Benny Moore, CO II, Varner Unit, Arkansas

Department of Correction; Mark Allen, CO II, Varner Unit, Arkansas Department

of Correction; Derrick Jones, CO II, Varner Unit, Arkansas Department of

Correction; Stephen Poe, Sgt.; Patricia Cooley, Sgt., Varner Unit, Arkansas

Department of Correction; Stevens, Captain, Varner Unit, Arkansas Department of

Correction; Johnson, Lieutenant, Varner Unit, Arkansas Department of
Correction; S. Byers, Nurse, Varner Unit, Arkansas Department of Correction;

Gene Carol Ables, Varner Unit, Arkansas Department of Correction

lllllllllllllllllllll Defendants - Appellees

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Appeal from United States District Court 

for the Eastern District of Arkansas - Pine Bluff

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 Submitted: April 14, 2016

Filed: May 12, 2016

[Unpublished]

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Before LOKEN, BYE, and KELLY, Circuit Judges. 

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PER CURIAM.

Arkansas inmate Andrew Deon McEwing appeals the district court’s dismissal

1

of his 42 U.S.C. § 1983 action following an evidentiary hearing. We agree with the

district court that McEwing failed to establish Eighth Amendment violations–either

the use of excessive force or deliberate indifference to his serious medical needs–by

the Arkansas Department of Correction defendants. See Johnson v. Bi-State Justice

Ctr., 12 F.3d 133, 135-36 (8th Cir. 1993) (where both sides present evidence in

evidentiary hearing so that procedure resemblessummary judgment motion with live

evidence, standard is whether evidence is so one-sided that one party prevails as

matter of law, or presents sufficient disagreement to require submission to jury). In

McEwing’s opening brief, he does not challenge the dismissal of nurses Newton,

The Honorable D.P. Marshall, Jr., United States DistrictJudge for the Eastern 1

District of Arkansas, adopting the report and recommendations of the Honorable Joe

J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.

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S. Byers, and Gene Ables for failure to exhaust administrative remedies, and we

decline to consider the challenge to their dismissals that he raises for the first time in

his reply brief. See Martin v. Am. Airlines, 390 F.3d 601, 608 n.4 (8th Cir. 2004).

2

The judgment of the district court is affirmed. See 8th Cir. R. 47B.

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McEwing has abandoned some claims and issues. See Hess v. Ables, 714 F.3d

2

1048, 1051 n.2 (8th Cir. 2013) (claim waived where appellant failed to brief court on

why dismissal was improper); Rotskoff v. Cooley, 438 F.3d 852, 854-55 (8th Cir.

2006) (undeveloped issue is waived).

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