United States Eighth Circuit

In an suit alleging Fourteenth Amendment violations arising out of a fatal collision between two police officers and plaintiff, the "deliberate indifference" standard is the correct level of culpability required to establish that the actions of the officers were "conscience-shocking." Denial of summary judgment for the probationary officer is reversed, where allegations are insufficient to show that his actions were taken with deliberate indifference to the rights of plaintiff. Denial of summary judgment based on the driving officer's qualified immunity is affirmed.

Appellate Information

• Decided 06/10/2004
• Published 06/10/2004

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, LAY, HEANEY, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, en banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James T. Martin, argued, Edina, MN (Julian C. Janes, on the brief), for appellant.


• For Appellees:
  
• Mark D. Nyvold, argued (Paul Appelbaum, St. Paul, MN, on the brief), for appellee.