United States Eighth Circuit

In an action brought under 42 U.S.C. section 1983 arising from defendant's restraint of plaintiff at a jail, denial of defendant's motion for summary judgment based on qualified immunity is reversed where the manner of restraint used on plaintiff, after she told defendant she was having suicidal thoughts and would try to make herself bleed to death, was not conscience-shocking and did not create a substantive due process violation.

Appellate Information

• Decided 08/09/2007
• Published 08/09/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Jason E. Owens, of Little Rock, Arkansas. Also appearing on the brief were Michael R. Rainwater and Jeremy M. McNabb.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Robert Alston Newcomb of Little Rock, Arkansas.