082776P.pdf   11/12/2010  Charles Schoelch  v.  Emmett Mitchell
   U.S. Court of Appeals Case No:  08-2776
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Colloton, Author, with Bye and Arnold, Circuit
   Judges]
   Prisoner case - prisoner civil rights. Assuming that defendant
   Mitchell's action in opening plaintiff's cell door met the subjective prong
   of a claim for deliberate indifference to plaintiff's safety, plaintiff still
   failed to show that he suffered an objectively serious deprivation as he
   presented no evidence that he suffered serious mental or physical injury
   as a result of the action; as to the other incident alleged in the complaint,
   plaintiff failed to show defendant Mitchell subjectively recognized a
   substantial risk of serious injury before plaintiff was attacked by a fellow
   inmate and that Mitchell was deliberately indifferent to the risk; the
   district court did not err in granting the supervisory defendants' motion
   for summary judgment as there was no evidence that they inadequately
   trained or supervised Mitchell; in the absence of a submissible case that
   any employee or official committed a constitutional violation, plaintiff's
   municipal liability claims fail.