United States Eighth Circuit

District court's denial of summary judgment on the basis of qualified immunity is reversed where the evidence was insufficient to support a finding of deliberate indifference or subjective recklessness by mental health providers who failed to protect resident from assault by other residents.

Appellate Information

• Decided 08/25/2004
• Published 08/25/2004

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BYE, Circuit Judge, and MAGNUSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James R. McAdams, argued, AAG, Jefferson City, MO (Gail Vasterling, Gary Gardner, Bart Matanic, and Joel Anderson, AAGs of Jefferson City, Denise Thomas, Denise McElvein and Deborah Yates of St. Louis appeared on the brief), for appellant., Genevieve J. Nichols, St. Louis, MO (Mary Coffey, St. Louis, MO, on the brief).