United States Eighth Circuit

In a 42 U.S.C. section 1983 action brought by a former detainee, denial of deputy sheriff's motion for summary judgment based on qualified immunity is affirmed where a reasonable juror who accepted plaintiff's version of the events could conclude that defendant violated her clearly-established constitutional rights by demonstrating deliberate indifference to a substantial risk that she would be sexually assaulted by a correctional officer.

Appellate Information

• Decided 02/12/2007
• Published 02/12/2007

Judges

• SCHILTZ, District Judge., Before LOKEN, Chief Judge, MELLOY, Circuit Judge, and SCHILTZ, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Donald Paul Knudsen, argued, Rapid City, SD (James S. Nelson, on the brief, Rapid City, SD), for appellant.


• For Appellees:
  
• Brad J. Lee, argued, Rapid City, SD, (Steven C. Beardsley, Rapid City, SD, on the brief), for appellee.