Fineola Ingram v. Cole County, No. 16-1046 (8th Cir. 2018)

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Court Description: Per Curiam - Before the Court En Banc] Prisoner case - Prisoner Civil Rights. The district court's judgment dismissing claims against defendants Wheeler and White is affirmed, with four judges concluding that the complaint fails to state a claim and four judge concluding that the defendants are entitled to qualified immunity; the district court's judgment dismissing claims against Cole County is affirmed by an equally divided court.

This opinion or order relates to an opinion or order originally issued on January 17, 2017.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1046 ___________________________ Fineola Ingram; Justin Simmons; Brian Boykin lllllllllllllllllllllPlaintiffs - Appellants v. Cole County; Sheriff Greg White; John Wheeler lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: October 17, 2017 Filed: July 30, 2018 [Unpublished] ____________ Before SMITH, Chief Judge, WOLLMAN, LOKEN, MURPHY, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.1 ____________ PER CURIAM. 1 vote. Judge Murphy died on May 16, 2018, and thus did not participate in the final The district court’s judgment dismissing claims against defendants Wheeler and White is affirmed, with four judges concluding that the complaint fails to state a claim and four judges concluding that the defendants are entitled to qualified immunity. The district court’s judgment dismissing claims against Cole County is affirmed by an equally divided court. ______________________________ -2-