DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083543P.pdf 08/20/2009 Jan McRaven v. Lt. McMurrian
U.S. Court of Appeals Case No: 08-3543
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Benton, Author, with Hansen and Bye, Circuit Judges]
Civil case - civil rights. It was not reasonable for watch officer to rely
on nurse's medical opinion that prisoner did not need hospitalization as
the officer knew that the prisoner had consumed a large quantity and
variety of drugs, had exhibited signs of extreme intoxication and knew, or
reasonably should have known, that the nurse was basing his
determination on the mistaken belief prisoner was drunk; as a result, the
officer was not entitled to qualified immunity on the claim she was
deliberately indifferent to prisoner's medical needs; nor were the shift
sergeant and deputies, who possessed similar information, entitled to
qualified immunity on the claims; nurse was not entitled to qualified
immunity as there were issues as to whether his conduct was reckless;
deputy who was trained in CPR and aware of prisoner's condition, but
who failed to perform it, was not entitled to qualified immunity.