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182181P.pdf 09/11/2019 Charles Hamner v. Danny Burls
U.S. Court of Appeals Case No: 18-2181
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Colloton, Author, with Gruender and Erickson, Circuit Judges]
Prisoner case - Prisoner civil rights. In action for damages arising out
of Hamner's near-seven-month detention in administrative segregation, it
was appropriate for this court to consider whether the defendants were
entitled to qualified immunity as the posture of the case on appeal has
materially changed from when it was before the district court; with
respect to Hamner's claim of deliberate indifference to his medical needs
while he in administrative segregation, the nine occasions on which he did
not receive his daily treatment were insufficient to create an Eighth
Amendment claim; with respect to his conditions of confinement claims,
this court's prior decisions do not establish that placing a mentally ill
person in administrative segregation rises to the level of a
constitutional violation, and the officials' conduct in this case did not
violate a clearly established right; it is not beyond debate that
confinement of a person with Hamner's conditions in administrative
segregation for 203 days in the conditions alleged violated a liberty
interest, and the prison officials were entitled to qualified immunity.
Judge Erickson, concurring.