DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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143280P.pdf 04/27/2016 Regina Barton v. Zachary Owens
U.S. Court of Appeals Case No: 14-3280
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Wollman, Author, with Colloton and Kelly, Circuit Judges]
Civil case - Civil rights. The facts alleged in the complaint were
sufficient to establish that plaintiff's decedent suffered from an
objectively serious medical need and created an inference that the
defendant law enforcement officer was deliberately indifferent to the
man's need for medical attention; the complaint alleged facts that
plaintiff's decedent exhibited symptoms substantially more serious than
ordinary intoxication and the defendant was aware of these symptoms, as
well as the fact that the man had recently been involved in an auto
accident; under these circumstances, a reasonable police officer would
comprehend that he was violating plaintiff's decedent's clearly
established constitutional rights by failing to seek medical treatment;
since the complaint alleges facts sufficient to create an inference that
the officer acted with deliberate indifference, the complaint also alleged
facts sufficient to create an inference of malice, and the officer was not
entitled to statutory immunity under the Arkansas Civil Rights Act. Judge
Colloton, dissenting.