United States Eighth Circuit

In a former inmate's 42 U.S.C. section 1983 suit against, inter alia, defendants-correctional officers alleging they acted with deliberate indifference by failing to provide him safe transportation in violation of his Eighth Amendment rights, denial of summary judgment for defendants is affirmed in part and reversed in part where: 1) there was jurisdiction for the appeal; 2) plaintiff presented sufficient evidence that a defendant's actions, including a rejection of plaintiff's request for a seatbelt while he was restrained in a manner that prevented him from securing his own seatbelt, driving recklessly, and ignoring requests to slow down, may have violated the Eighth Amendment; 3) plaintiff's right was clearly established; but 4) other defendant who was driving a different van that caused an accident, was entitled to qualified immunity as the evidence was insufficient to establish his deliberate indifference, as opposed to simply reckless driving.

Appellate Information

• Decided 03/04/2008
• Published 03/04/2008

Judges

• MELLOY, Circuit Judge., Before MURPHY, MELLOY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Matthew B. Briesacher, AAG, argued, R. Ryan Harding, AAG, Jefferson City, MO, on the brief, for appellant.


• For Appellees:
  
• Douglas M Schreiner, argued, Douglas S. Beck, Matthew T. Micken and Rockney S. Taveau, on the brief, Kansas City, MO, for appellee.