063743P.pdf   03/04/2008  Randell Brown  v.  Keith Fortner
   U.S. Court of Appeals Case No:  06-3743
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Melloy, Author, with Murphy and Smith, Circuit Judges]
   Prisoner case - prisoner civil rights. Court had jurisdiction to consider
   interlocutory appeal of the district court's order denying prison
   defendants' motion for summary judgment based on qualified immunity;
   the district court did not err in denying the motion as to defendant
   Fortner, as the evidence was sufficient for a reasonable jury to conclude
   that Fortner knew and disregarded a substantial risk of harm to plaintiff
   when he refused to fasten plaintiff's seatbelt during a drive to another
   facility; however, the evidence was insufficient to show that the driver of
   a vehicle in the prison convoy, defendant Scott, knew plaintiff was not
   seat-belted and vulnerable to injury in the event of the crash, and without
   this knowledge of a substantial risk, plaintiff could not show the driver
   was deliberately indifferent to his safety; defendant Fortner had fair
   warning that driving recklessly while transporting inmates who were not
   properly secured was a violation of their constitutional right against cruel
   and unusual punishment.