United States Eighth Circuit

LeVine v. Roebuck, 07-3388

In a 42 U.S.C. section 1983 alleging that a correctional officer and two prison nurses violated plaintiff's Fourth and Eighth Amendment rights by forcing him to undergo catheterization to avoid prison discipline when he could not provide a urine sample for a random drug test, summary judgment for defendants is affirmed, although on alternate grounds in part, where: 1) the district court erred in concluding that defendant-correctional officer violated plaintiff's Fourth Amendment rights because he presented no evidence that she was personally responsible for any involuntary catheterization that occurred; 2) summary judgment for nurses was proper; and 3) the allegations fell short of raising a genuine issue of material fact as to whether the defendants acted with a sufficiently culpable state of mind to support an Eighth Amendment brutality claim.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William P. Nacy, Hanrahan Trapp, P.C., Jefferson City, MO, argued (Samuel E. Trapp, Samantha Anne Harris, on the brief), for appellant.


• For Appellees:
  
• Mark A. Lynch, Holbrook & Osborn, P.A., Overland Park, KS, argued, for appellees Greim and Roebuck., Ryan E. Bertels, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee Youngs.