United States Eighth Circuit

Denial of summary judgment based on qualified immunity to defendants, current or past high-level supervisors of a state agency, is affirmed in part where the evidence supported an inference that defendants violated plaintiffs' clearly established rights to provide and receive medically necessary health care, and the case is remanded with directions to dismiss agency-defendant on Eleventh Amendment grounds.

Appellate Information

• Decided 04/17/2006
• Published 04/17/2006

Judges

• HEANEY, Circuit Judge., Before SMITH, HEANEY, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James Walter Erwin, argued, St. Louis, MO (Breck G. Hopkins, Lee S. Thalheimer, and Harry W. Wellford, Jr., on the brief), for appellant.


• For Appellees:
  
• Martin Wayne Bowen, argued, Little Rock, AR (Philip E. Kaplan, on the brief), for appellee.