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.
161410P.pdf 06/22/2017 Jimmy Letterman v. Steven Lammers
U.S. Court of Appeals Case No: 16-1410
and No: 16-1771
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Gruender, Author, with Murphy and Kelly, Circuit Judges]
Civil case - Civil rights. For the court's prior opinion affirming in part
the district court's denial of defendants' motion for summary judgment in
this action arising out of the death of plaintiffs' son at the Western
Reception, Diagnostic and Correctional Center of the Missouri Department
of Corrections, see Letterman v. Does, 789 F.3d 856 (8th Cir. 2015).
Evidence was sufficient to support an award of damages for pain and
suffering; the act of reporting a medical emergency when a response is not
received from a prisoner was not discretionary under the facility's
close-observation policy, and the defendants were not entitled to official
immunity; the district court did not err in excluding evidence that the
medical staff at the prison were unconcerned with the decedent's
unresponsiveness after he fell and hit his head because they thought he
was sleeping; evidence of what the staff thought but did not disclose is
irrelevant and inadmissible; defendants have waived their challenge to
certain evidentiary issues by failing to provide any reason why the
district court abused its discretion in excluding the evidence under Rule
403.