United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging excessive force by officers during an arrest, denial of summary judgment to defendants on qualified immunity grounds is affirmed in part where: 1) the court of appeals lacked jurisdiction to review officers' contention that there was insufficient evidence of causation to hold them liable for the decedent's death; and 2) the evidence supported a finding that certain officers violated decedent's clearly established rights under the Fourth Amendment by failing to intervene in the assault. However, the order is reversed where defendant correctional officers in the jail where decedent was housed were not deliberately indifferent to his medical needs.

Appellate Information

• Decided 10/06/2009
• Published 10/06/2009

Judges

• COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• C. Burt Newell, argued, Hot Springs, AR, for appellants Sawdy, Ketcherside, Johnston, and Hill., Matthew Keith Wren, argued, Little Rock, AR, Robert L. Beard, on the brief, North Little Rock, AR, on the brief, for appellants Goemmer, Stevens, Spears, Cobb, and Winesburg.


• For Appellees:
  
• Charles D. Harrison, argued, Little Rock, AR, Phillip H. McMath, Little Rock, AR, Richard H. Mays, Heber Springs, AR, on the brief, for appellee.