DeLuna v. Mower County, No. 18-1933 (8th Cir. 2019)Annotate this Case
Plaintiff and MDHS brought a negligence action against defendants, alleging that a jail official provided and made plaintiff wear shoes that were too small for his feet. The shoes caused a blister on one of his left toes, which ultimately resulted in a severe infection requiring multiple corrective surgeries.
The Eighth Circuit reversed the district court's grant of summary judgment for the County, holding that there was a genuine issue of material fact as to whether the county negligently caused plaintiff's injury. In this case, the district court erred when it concluded that plaintiff's infection was not a foreseeable consequence of wearing too small shoes. The court also held that the county was not entitled to vicarious official immunity, because the duty of providing suitable shoes in a county jail setting is ministerial.