United States Eighth Circuit

Denial of summary judgment for defendants based on qualified and official immunity in a 42 U.S.C. section 1983 and state tort law case is affirmed where: 1) the facts, viewed most favorably to plaintiff, showed jail officers knew plaintiff's deceased husband was at high risk of heart failure and disregarded it, thereby violating his Eighth Amendment rights; and 2) officers were not entitled to official immunity as they failed to follow their ministerial duties.

Appellate Information

• Decided 07/21/2006
• Published 07/21/2006

Judges

• BENTON, Circuit Judge., Before MURPHY, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jon K. Iverson, argued, Bloomington, MN (Jason J. Kuboushek, on the brief), for appellants.


• For Appellees:
  
• Jordan S. Kushner, argued, Minneapolis, MN, for appellee.