United States Eighth Circuit
Davis v. Oregon County, 09-2700
In an action by a pretrial detainee at the Oregon County jail asserting that defendants violated his rights in failing to ensure his safety after a fire broke out at the jail, summary judgment for defendants is affirmed where: 1) plaintiff's allegations regarding the correctional officers' disregard for the jail's smoking policy was contradicted by the undisputed facts in the record demonstrating the officers' sweeps for contraband as recently as five days before the fire; 2) the jail's inoperable sprinklers and lack of extra fire equipment such as oxygen tanks did not, standing alone, amount to deliberate indifference in light of the officers' actions in searching for contraband, as well as the fire extinguishers and smoke detectors that were present at the time of the fire; and 3) the conditions at the Oregon County jail were not so dangerous as to violate contemporary standards of decency.
Appellate Information
- Decided 06/10/2010
- Published 06/10/2010
Judges
- BYE, Circuit Judge., Before BYE, ARNOLD, and COLLOTON, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- William Peter Nacy, argued, Jefferson City, MO (Samuel Edward Trapp, on the brief, Osage Beach, MO), for Appellant.
- For Appellees:
- Jason Coatney, argued, Springfield, MO (Patricia Ann Keck, Springfield, MO, on the brief), for Appellee.