United States Eighth Circuit
BERRY v. SHERMAN, 03-2828
District court erred in denying defendants' motion for summary judgment based on qualified immunity in plaintiff's failure-to-protect case; the record failed to show that anyone, including plaintiff, believed he faced a substantial risk of harm from his cellmate.
Appellate Information
- Decided 04/22/2004
- Published 04/22/2004
Judges
- SMITH, Circuit Judge., Before BYE, HEANEY, and SMITH, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Denise G. McElvein, argued, AAG, St. Louis, MO, for appellant.
- For Appellees:
- Charles L. Hickman, argued, Hannibal, MO, for appellee.