United States Eighth Circuit

In a suit alleging violation of the Eighth Amendment through deliberate indifference to plaintiff's serious medical needs, judgment in favor of defendants is affirmed where there was no clear error in the district court's findings that: 1) a prison nurse did not have knowledge of a serious medical need; 2) the delay in treatment resulted from the prisoner's failure to follow administrative procedures; and 3) negligence does not rise to the level of deliberate indifference.

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BYE and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Joseph M. Barron of Des Moines, IA.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee Dr. Ludwig was Chester C. Woodburn of Des Moines, IA. Theodore Priester argued for Nurse Colburn and Capt. McGregor.