Skip to main content

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.
Copied to clipboard