Free US Court of Appeals for the Eighth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Eighth Circuit January 27, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Transitional Justice and Inauguration Poems | LESLEY WEXLER | | Illinois law professor Lesley M. Wexler describes how Amanda Gorman’s The Hill We Climb and Jericho Brown’s Inaugural,’ an Original Poem—as two inaugural poems—fit within the call of transitional justice. Professor Wexler explains how, read together, the two poems provide a roadmap of the transitional justice terrain the government may choose to tread. | Read More |
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US Court of Appeals for the Eighth Circuit Opinions | East v. Minnehaha County | Docket: 19-2621 Opinion Date: January 26, 2021 Judge: William Duane Benton Areas of Law: Civil Rights, Constitutional Law | Plaintiff filed suit against the County, CCS, and other prison officials and healthcare providers under 42 U.S.C. 1983, alleging deliberate indifference to his serious medical needs in violation of the Fourteenth and Eighth Amendments. Plaintiff also alleges that two officers threatened him in violation of the Eighth Amendment. Plaintiff's allegations stemmed from complications resulting from treatment of his foot injuries. The Eighth Circuit affirmed the district court's grant of one defendant's motion to dismiss and summary judgment as to the other defendants. The court held that the district court properly granted the physician assistant's motion to dismiss where the amended complaint failed to sufficiently allege that the physician assistant knew that plaintiff had serious medical needs and was deliberately indifferent to them. In this case, the court accepted plaintiff's allegations as true, but not his legal conclusions. The court also held that the district court properly granted summary judgment on plaintiff's deliberate indifference claims as to the remaining defendants where plaintiff's claims are a mere disagreement with treatment decisions. The court further held that plaintiff failed to administratively exhaust his claims that prison guards threatened retaliation, and plaintiff cannot show that a reasonable inmate of ordinary firmness would have failed to file a grievance in his situation. | |
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