United States Eighth Circuit

In a 42 U.S.C. section 1983 action against corrections officials alleging they violated an inmate's Eighth Amendment rights by failing to protect him during a work detail, resulting in his electrocution death by a downed power line, denial of summary judgment on qualified immunity grounds is affirmed in part, but reversed in part where: 1) the deliberate indifference standard was appropriate in the case; 2) under such standard, denial of qualified immunity was proper as to one official who directed inmates to put out a fire near the line, but improper as to another official and a warden.

Appellate Information

• Decided 01/23/2007
• Published 01/23/2007

Judges

• RILEY, Circuit Judge., Before BYE, LAY, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James E. Moore, argued, Sioux Falls, South Dakota, for appellant.


• For Appellees:
  
• James A. Lavoie, argued, Minneapolis, Minnesota (Ben Lavoie and Stephanie Pochop, on the brief), for appellee.