Ingrassia v. Dicknette, No. 14-3358 (8th Cir. 2016)
Annotate this CasePlaintiff, a civilly-committed individual, filed suit under 42 U.S.C. 1983 against defendants, alleging a violation of his constitutional right to adequate nutrition. The district court denied defendants qualified immunity. The court concluded that the evidence, taken most favorably to plaintiff, demonstrates a violation of his constitutional right to adequate nutrition where there is ample evidence from which a jury could find that plaintiff proved a violation when he lost 11 pounds in less than two months, his bag lunches often lacked items as punishment for behavior violations, he sometimes received 1200 calories per day instead of the recommended 2000, and food was improperly withheld from him. The court concluded, however, that the evidence against Defendants Rowe and Dickneite is insufficient to support a claim for deliberate indifference. Finally, the district court properly denied summary judgment to Defendants Englehart, Blake and Weinkein where the right to adequate nutrition was clearly established.
Court Description: Benton, Author, with Murphy and Smith, Circuit Judges] Civil case - Civil rights. In action by a civilly-committed person alleging defendants had deprived him of his constitutional right to adequate nutrition, the evidence, taken most favorably to plaintiff demonstrated a violation of his constitutional right to adequate nutrition and the district court did not err in denying defendants' motion for summary judgment based on qualified immunity; however, two of the defendants did not have knowledge of plaintiff's weight loss and the court erred in denying them summary judgment on plaintiff's claim for deliberate indifference; plaintiff's right to adequate nutrition was clearly established.
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