United States Eighth Circuit

In a 42 U.S.C. section 1983 and state law case arising from an inmate's death following self-mutilation while incarcerated in jail, grants and partial grants of qualified immunity to defendants, summary judgment for defendants on official-capacity claims, and exclusion of certain evidence are affirmed. A question is certified to the Supreme Court of Arkansas as to whether the conscious indifference standard announced in Sheppard v. Washington County, 962 S.W.2d 779 (Ark. 1998), affords greater protection to pre-trial detainees than the federal deliberate indifference standard.

Appellate Information

• Decided 07/19/2006
• Published 07/19/2006

Judges

• BEAM, Circuit Judge., Before ARNOLD, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Luther Oneal Sutter, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Ralph Charles Ohm, argued, Hot Springs, AR, for appellees, McAllister and Porter., Nga Ostoja-Starzewski, argued, North Little Rock, AR, for appellee Sharum.