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.
201842P.pdf 08/24/2021 Brenda Davis v. Michelle L. Munger
U.S. Court of Appeals Case No: 20-1842
and No: 20-1843
and No: 20-1845
and No: 20-1846
and No: 20-2075
and No: 20-2076
and No: 20-2292
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Benton, Author, with Gruender and Stras, Circuit Judges]
Civil case - Civil rights. Plaintiffs alleged their son died from
complications brought on by defendants' failures to provide necessary
medications while he was incarcerated at the Buchanan County Jail and with
the Missouri Department of Corrections; defendants moved for summary
judgment and they appeal the district court's denial of their motions for
qualified immunity and official immunity; the court has found no firmly
rooted history of immunity for the private medical-services-providers, and
the purposes of qualified immunity do not, on balance favor extending
immunity; as a result, the medical doctor defendant and the three nurse
defendants, as employees of large firms systematically organized to
perform a major administrative task for profit, were not entitled to
assert the defense of qualified immunity; their appeal is dismissed for
lack of jurisdiction; similarly, this holding precludes immediate
appellate review of the appeals by defendants ACH and Corizon; defendants
Strong and Hovey, as supervisors of medical care, were not on notice of a
pattern of constitutional violations, nor was their failure to verify the
accuracy of ACH's reporting regarding grievances sufficient to create
Section 1983 liability; defendant Gross, who brought plaintiff's decedent
to the Jail was not deliberately indifferent to his medical needs as
plaintiffs failed to show he had subjective intent to cause harm or that
he could not reasonably believe that his response to booking officers was
not deliberately indifferent or reckless; defendant Gross was entitled to
official immunity on plaintiffs' wrongful death claim as his duty to
report information was discretionary;the jail's booking officer was not
entitled to official immunity for his actions in filling out the medical
section of the deceased's booking form because of his inconclusive
testimony on accessing prior medical records.