Spann v. Lombardi, No. 19-1768 (8th Cir. 2020)
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Plaintiff filed suit against several prison officials in their individual capacities under 42 U.S.C. 1983, challenging a disciplinary adjudication, conditions of confinement, adequacy of medical treatment, and alleged retaliatory acts. The district court denied motions to dismiss and for summary judgment.
The Eighth Circuit held that officials were entitled to a ruling on their defense of qualified immunity as to the Eighth Amendment claims in Count II. Because the order granting the motion for reconsideration effectively denied the officials' motion to dismiss without ruling on qualified immunity, the court remanded the case for further proceedings to address the question of qualified immunity on Count II. As to the remaining claims, the court held that the district court did not abuse its discretion by determining that the officials failed to properly plead or carry their burden of proof as to any defenses of privileges and immunities. Accordingly, the court rejected the challenge to the order denying summary judgment on the remaining counts.
Court Description: [Colloton, Author, with Smith, Chief Judge, and Stras, Circuit Judges] Prisoner case - Prisoner civil rights. Remanded to permit the district court to determine whether defendants were entitled to qualified immunity on the 8th Amendment claims contained in Count II of the complaint; challenge to denial of qualified immunity on the other claims rejected. Judge Stras, concurring in part and dissenting in part.
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