Bailey v. Feltmann, No. 14-3859 (8th Cir. 2016)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983 against defendants, alleging that a deputy had denied him emergency medical care in violation of his constitutional rights. The district court granted summary judgment to the deputy and plaintiff appealed. The court concluded that the deputy is entitled to qualified immunity on plaintiff's claim that the deputy acted unreasonably where a right under the Fourth Amendment against unreasonable delay in medical care for an arrestee had been clearly established at the time. The court also concluded that plaintiff's claim of deliberate indifference failed because he has not produced sufficient evidence to support a finding that the deputy violated that right. In this case, plaintiff received medical treatment on the morning that he was released from jail, and his claim is premised on harm allegedly arising from the delay caused by plaintiff’s failure to arrange a hospital visit the day before. The medical evidence is insufficient to establish an objectively serious medical need for expeditious treatment on the day of plaintiff’s arrest. Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, with Wollman and Kelly, Circuit Judges] Civil case - Civil rights. The defendant police officer who took defendant to the county jail rather than to a hospital after his arrest for driving while intoxicated was entitled to qualified immunity as a right under the Fourth Amendment against unreasonable delay in medical care for an arrestee was not clearly established in March, 2012, the time of the incident; further, plaintiff has not presented medical evidence that he experienced a serious medical need for urgent care at the time of his arrest, and there is no evidence that a delay in treatment caused detrimental effects.
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