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123356P.pdf   02/04/2014  Daniel Scott  v.  Mary Benson
   U.S. Court of Appeals Case No:  12-3356
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Gruender, Author, with Loken, Circuit Judge, and Phillips, 
   District Judge] 
   Civil case - Civil rights. In this Section 1983 action by an involuntarily 
   committed patient at the Iowa Civil Commitment Unit for Sexual Offenders, 
   the district court applied the wrong constitutional standard in evaluating 
   defendant's motion for summary judgment based on qualified immunity on 
   plaintiff's claim that he received constitutionally defective medical 
   care; because plaintiff is a civilly committed person, his right to 
   medical care arises under the due process clause of the Fourteenth 
   Amendment and must be evaluated under the deliberate indifference standard 
   rather than the professional judgment standard the district court used; 
   case remanded for further proceedings under the deliberate indifference 
   standard.