202703P.pdf   08/13/2021  Craig Shipp  v.  Kevin Murphy
   U.S. Court of Appeals Case No:  20-2703
   U.S. District Court for the Western District of Arkansas - Texarkana   
   [PUBLISHED] Kobes, Author, with Kelly and Grasz, Circuit Judges] 
   Prisoner case - Prisoner civil rights. In this action plaintiff alleged 
   defendants violated his civil rights by withholding his orthotic shoes; 
   the district court erred in looking to state law to exclude parts of 
   plaintiff's substituted expert's testimony as the matter should have been 
   weighed under Daubert and relevant federal law; however, the error was 
   harmless as the witness, a nurse practitioner, was not qualified to opine 
   on a physician's standard of care; further, her opinion was cumulative of 
   other evidence in the case, and its exclusion was harmless; the district 
   court did not abuse its discretion by excluding the nurse's testimony as a 
   substituted expert to the extent her opinions went beyond the scope of the 
   earlier expert report and deposition; the district court did not err in 
   granting the warden's motion for summary judgment as there was no evidence 
   that the warden recognized the risk of having plaintiff wear standard 
   issue prison shoes or knew that requiring a doctor's authorization for 
   special shoes would put plaintiff's health at risk; summary judgment for 
   the medical defendants is affirmed as their actions either did not rise to 
   the level of criminal negligence or were not so inappropriate that a jury 
   would find intentional maltreatment or a refusal to provide essential 
   care. Judge Kelly, concurring in part and dissenting in part.