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.
192507P.pdf 08/04/2020 David Ivey v. Audrain County, Missouri
U.S. Court of Appeals Case No: 19-2507
U.S. District Court for the Eastern District of Missouri - Hannibal
[PUBLISHED] [Arnold, Author, with Loken and Grasz, Circuit Judges]
Civil case - Civil rights. Plaintiff's decedent died while detained at the
Audrain County jail and plaintiff brought this action alleging three jail
employees violated his son's civil rights by deliberate indifference to
his medical needs and that the County failed to properly train the
officers; the district court denied the jail employees' motion for summary
judgment based on qualified immunity and they appeal; the decision
plaintiff relies on to show the officers violated clearly established law
was materially different from the facts presented here, and plaintiff
offers no other controlling authority or robust consensus of cases of
persuasive authority governing the situation to support his position of a
clearly established right; the officers did not violate clearly
established law and were entitled to qualified immunity; the County was
not entitled to summary judgment as the court has not held that no
constitutional violation occurred; rather, the court holds only that the
officers are immune from suit because they did not violated plaintiff's
decedent's clearly established rights; the question of whether the county
is liable for failing to train the officers was not inextricably
intertwined with the matter of qualified immunity and the court lacked
jurisdiction to decide the county's appeal. Judge Grasz, concurring in
part and dissenting in part.