DeLuna v. Mower County, No. 18-1933 (8th Cir. 2019)
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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.
Court Description: Grasz, Author, with Gruender and Benton, Circuit Judges] Prisoner case - Prisoner civil rights. In action alleging plaintiff suffered a serious foot infection from wearing shoes provided by the jail, there was genuine issue of material fact as to whether the County negligently caused plaintiff's injury, and the district court erred in granting the county summary judgment; the county breached a duty of care by providing plaintiff with shoes which were too small for his feet as it was foreseeable that plaintiff would suffer some harm (a blister) from wearing the too-small shoes; the evidence before the court presents at least a factual question as to whether the too-small shoes were a substantial (even if not exclusive) factor in causing plaintiff's MRSA infection; defendants were not entitled to vicarious official immunity as the duty of providing suitable shoes in a county jail setting is ministerial under Minnesota law.
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