Zahn v. Nygaard, No. 20-1429 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed the district court's judgment in favor of defendants in a 42 U.S.C. 1983 action brought by plaintiff, alleging violations of his Eighth Amendment rights. The court concluded that the district court did not clearly err in its credibility findings. In this case, plaintiff sustained a chemical burn to his left toe while power-washing the prison laundry area; the district court found credible defendant's testimony that she did not order plaintiff to clean up the chemical spill; and defendant's at-the-infirmary comment to plaintiff that he should have changed his shoes is not internally inconsistent or implausible because it is reasonable to suggest an inmate change wet shoes.
Court Description: [Benton, Author, with Loken and Kelly, Circuit Judges] Prisoner case - Prisoner civil rights. The district court did not clearly err in its credibility findings in awarding judgment to defendants.
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