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181833P.pdf   07/03/2019  Marvin Orlando Johnson  v.  Dr. Todd A. Leonard
   U.S. Court of Appeals Case No:  18-1833
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Benton, Author, with Gruender and Grasz, Circuit Judges] Civil case - Civil rights. In action by a pre-trial detainee alleging the jail's dental providers violated his Eighth Amendment rights through deliberate indifference to his his serious medical needs, the district court did not abuse its discretion in setting aside a default judgment against defendant Collier as Collier had a meritorious defense and the prejudice to plaintiff from the untimely filing of an answer was not significant; plaintiff's intent to appeal the summary judgment order in the case - based on his appeal of the subsequent judgment - was sufficient to preserve the order for appeal; the record showed defendants regularly responded to plaintiff's sick-calls, followed their company's protocol and prescribed pain medication and other appropriate treatment, and the district court did not err in granting them summary judgment on plaintiff's Eighth Amendment medical needs claims; delays in permanently filling plaintiff's cavities did not show the kind of unnecessary and wanton infliction of pain that is sufficiently harmful to establish deliberate indifference to serious medical needs.