United States Eighth Circuit

In a civil rights case brought by a prisoner claiming deliberate indifference to his medical need, denial of qualified immunity to the defendants is affirmed where prison officers' reliance on the nurse's opinion that hospitalization of the prisoner was not needed was unreasonable. The nurse was not entitled to qualified immunity as there were issues as to whether his conduct was reckless. The deputy who was trained in CPR and aware of prisoner's condition, but failed to perform it was also not entitled to qualified immunity.

Appellate Information

• Decided 08/20/2009
• Published 08/20/2009

Judges

• BENTON, Circuit Judge., Before BYE, HANSEN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ralph Charles Ohm, Hot Springs, AR, argued, for appellant.


• For Appellees:
  
• Ashley Rebecca Hudson, argued, Morgan E. Welch, on the brief, North Little Rock, for appellee.