United States Eighth Circuit

In an action by inmates under 42 U.S.C. section 1983 against various defendants, including several current and former Arkansas Department of Correction officials, the company that provides medical services in Arkansas prisons, and a prison doctor, alleging that defendants violated the Eighth Amendment by acting with deliberate indifference to their serious medical needs, the denial of summary judgment to certain defendants is affirmed in part where: 1) there was no evident basis for finding that the issues presented in the medical defendants' appeal qualified as inextricably intertwined with the relevant collateral claim; 2) if defendant knew that plaintiff's serious medical needs were not being adequately treated, yet remained indifferent, he may be held personally liable. However, the order is reversed in part where plaintiffs' state law claims failed because a bare allegation of willful and wanton conduct would not suffice to prove malice.

Appellate Information

• Decided 07/20/2010
• Published 07/20/2010

Judges

• Raymond E. Gruender

Court

• United States Eighth Circuit

Counsel