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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.