United States Eighth Circuit

In a 42 U.S.C. section 1983 damage action against a sheriff claiming that he violated plaintiff's substantive due process rights by failing to adopt and implement adequate safeguards to protect inmates from TB infection, summary judgment for the sheriff is affirmed over claims that: 1) the trial court erred in applying the Eighth Amendment standard of deliberate indifference because he was a pretrial detainee; 2) in any event he presented sufficient evidence of deliberate indifference; and 3) the court committed procedural errors.

Appellate Information

• Decided 10/13/2006
• Published 10/13/2006

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BEAM and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Sidhardha Kamaraju, argued, St. Louis, MO (Timothy J. Grasser, Karen A. Piotrowski and Kurt R. Jensen, on the brief), for appellant., D. Bruce La Pierre, and K. Lee Marshall, St. Louis, MO, for appellant.


• For Appellees:
  
• David Foster MacMillan, argued, Ramsey County Attorney's Office, St. Paul, MN, for appellee.