183343P.pdf   02/24/2021  Kevin Scott Karsjens  v.  Tony Lourey
   U.S. Court of Appeals Case No:  18-3343
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Shepherd, Author, with Benton and Kelly, Circuit Judges] 
   Civil case - Civil Rights. Plaintiffs, persons civilly committed to the 
   Minnesota Sex Offender Program pursuant to the Minnesota Civil Commitment 
   and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic 
   Personalities, alleged various conditions of confinement claims. For the 
   court's prior opinion in the matter, see Karsjens v. Piper, 845 F.3d 394 
   (8th Cir. 2017). Held: The district court properly dismissed Count 3 of 
   the complaint alleging constitutionally inadequate treatment after 
   applying the "shocks the conscience" standard; with respect to plaintiffs' 
   claims that they were denied adequate medical care, the district court 
   erred in reviewing this claim under the "shocks the conscience" standard 
   as this court has previously held that such claims are evaluated under the 
   deliberate indifference standard; with respect to three counts alleging 
   plaintiffs were subjected to punitive conditions of confinement, the court 
   finds that such claims fall under the standard announced in Bell v. 
   Wolfish, 441 U.S. 520, 535 (1979; on remand the district court should 
   consider these claims under the standard for punitive conditions outlined 
   in Bell and review the totality of the circumstances of the confinement. 
   Remanded for further proceedings.