Margaret Foster v. Cerro Gordo County, No. 16-2621 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Bowman and Kelly, Circuit Judges] Civil case - Civil rights. District court order granting summary judgment to defendants on plaintiff's claims for excessive force and deliberate indifference, affirmed without comment. Judge Kelly, concurring in part and dissenting in part. [ October 20, 2017
This opinion or order relates to an opinion or order originally issued on September 20, 2017.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2621 ___________________________ Margaret Rae Foster lllllllllllllllllllll Plaintiff - Appellant v. Cerro Gordo County, an Iowa Municipal Corporation; City of Mason City, an Iowa Municipal Corporation; Roungaroun Phaiboun; Kevin Pals; Shad Stoeffler; Terry Allen Burns; Additional Unidentified Mason City Police Department Officers or Employees; Additional Unidentified Cerro Gordo County Jail Staff; Josh Stratmann; Brandon Neidermayer; Justin Faught; Chad Harkema; Rusty Pals; Brenda Crom; Marc Kappmeyer lllllllllllllllllllll Defendants - Appellees ___________________________ No. 16-3195 ___________________________ Margaret Rae Foster lllllllllllllllllllll Plaintiff - Appellant v. Cerro Gordo County, an Iowa Municipal Corporation; City of Mason City, an Iowa Municipal Corporation; Roungaroun Phaiboun; Kevin Pals; Shad Stoeffler; Terry Allen Burns; Additional Unidentified Mason City Police Department Officers or Employees; Additional Unidentified Cerro Gordo County Jail Staff; Josh Stratmann; Brandon Neidermayer; Justin Faught; Chad Harkema; Rusty Pals; Brenda Crom; Marc Kappmeyer lllllllllllllllllllll Defendants - Appellees ____________ Appeals from United States District Court for the Northern District of Iowa - Ft. Dodge ____________ Submitted: October 16, 2017 Filed: October 23, 2017 [Unpublished] ____________ Before COLLOTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Margaret Foster appeals from the orders of the District Court granting summary judgment to defendants in her 42 U.S.C. ยง 1983 action claiming excessive force and deliberate indifference. We affirm the District Court. See 8th Cir. R. 47B. We deny as moot the pending motion. KELLY, Circuit Judge, concurring in part, dissenting in part. Because I believe there remain material facts in dispute regarding the claim of deliberate indifference against the jail nurse, I would reverse the grant of summary judgment on this claim. I otherwise concur. ______________________________ -2-
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