United States Eighth Circuit

In a 42 U.S.C. section 1983 action by a prisoner alleging inadequate medical treatment, defendants' appeal from a denial of summary judgment based on qualified immunity is dismissed where the district court's order did not in fact resolve the qualified immunity issue and was purely administrative in nature, and therefore was not appealable.

Appellate Information

• Decided 11/04/2009
• Published 11/04/2009

Judges

• RILEY, Circuit Judge., Before RILEY, HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael F. Shaw, Pierre, SD, for appellants.


• For Appellees:
  
• Todd D. Epp, Sioux Falls, SD, for appellee.