Eighth Circuit Civil Rights Cases (3.25.2010)

The Clerk's official summary:
091814P.pdf    03/25/2010   Katie J. Felder   v.   Jason King
U.S. Court of Appeals Case No: 09-1814
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and Gruender, Circuit Judge]
Civil case - civil rights. This appeal of an order denying the defendant police officers' motion for summary judgment based on qualified immunity must be dismissed for lack of jurisdiction as the decision was fact-based and is not appropriate for interlocutory appeal.

091843P.pdf    03/25/2010   Eric Williams   v.   Moses Jackson
U.S. Court of Appeals Case No: 09-1843
U.S. District Court for the Eastern District of Arkansas - Helena
[PUBLISHED] [Melloy, Author, with Wollman and Riley, Circuit Judges]
Civil case - civil rights. In action alleging defendants willfully and maliciously exposed plaintiff, then an Arkansas state prisoner, to excessive ultraviolet radiation during his treatment for TB, the correction officer defendants, who allegedly purposefully removed a protective shield in retribution for a past incident, were not entitled to summary judgment based on qualified immunity as malicious and retaliatory exposure to a known harm without penological purpose would violate a prisoner's established rights; as a result, the district court erred in granting summary judgment in favor of the correction officer defendants; the claims against the defendant maintenance supervisor alleged no more than negligence, and he was entitled to summary judgment. 

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