082781P.pdf   10/06/2009  Sandy Krout  v.  Luke Sawdy
   U.S. Court of Appeals Case No:  08-2781
                          and No:  08-2815
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Colloton, Author, with Loken Chief Judge, and Rosenbaum,
   District Judge]
   Civil case - civil rights. Under the principles applicable to review of
   denials of motions for summary judgment based on qualified immunity,
   the court lacked jurisdiction to review the contentions of the arresting
   officers that there is insufficient evidence of causation to hold them
   liable for plaintiff's decedent's death; record supports district court's
   denial of motion for summary judgment based on qualified immunity filed
   by three officers who allegedly were present during the beating as there
   was evidence to support a finding that they violated the victim's rights by
   failing to intervene to stop the application of excessive force when they
   had a duty and opportunity to do so; with respect to the correctional
   officers at the detention facility where plaintiff's decedent was taken,
   plaintiff failed to show that they were deliberately indifferent to the
   victim's medical needs as they constantly reviewed his condition, spoke
   to him about his need for medical assistance and summoned EMS staff to
   examine him; while it is debatable whether defendant Johnson's decision
   to await the arrival of EMS staff rather than attempt CPR was reasonable,
   the evidence does not show that he deliberately ignored the victim's
   condition and shows, at most an unreasonable judgment call which is not
   sufficient to establish a constitutional violation.