Tucker v. Holladay, et al., No. 13-1165 (8th Cir. 2014)
Annotate this CasePlaintiff filed suit alleging that, during his incarceration as a pretrial detainee, he received constitutionally deficient medical care and that medical officials used excessive force against him while responding to his medical emergency. The court affirmed the grant of summary judgment to Dr. Johnson's motion for summary judgment where plaintiff failed to show that the doctor acted with deliberate indifference; affirmed the grant of summary judgment to Nurse Smith where plaintiff has not identified any evidence that the nurse ever refused or failed to treat him; affirmed the grant of Nurse Anderson's and Nurse Washburn's motions for summary judgment on plaintiff's excessive-force claim; and concluded that, in this case, a nurse's act of hitting plaintiff's nose was a de minimus use of force that was not actionable under the Due Process Clause. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil Case - civil rights. District court did not err in granting summary judgment on pretrial detainee's medical care claims, as Tucker failed to show deliberate indifference, and on excessive force claims against nurses, Tucker failed to show more than de minimus use of force or more than negligence. Summary judgment is affirmed.
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