Legal Opinion

Whitson v. Stone County Jail

Court of Appeals for the Eighth Circuit

Decided April 22, 2010No. 08-1468PublishedCited by 142 opinions

1Opinion of the Court

BEAM, Circuit Judge.

Penny Whitson appeals the district court’s grant of summary judgment in favor of the defendants on her pro se claim for relief under 42 U.S.C. § 1983 alleging that two defendants failed to protect her from a particular assault, and others failed to properly train and superase the officers responsible for Whitson’s safety. 1 Because there remains a question of fact on a determinative issue in this case, and the district court applied the wrong legal standard, we reverse and remand for further proceedings.

I. BACKGROUND

Whitson based her claim on the following facts, which we…

2Cases cited13 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Farmer v. BrennanSupreme Court of the United States · 1994
  4. Rhodes v. ChapmanSupreme Court of the United States · 1981
  5. Wilson v. SeiterSupreme Court of the United States · 1991

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3Cited by142 opinions

  1. Tangreti v. BachmannCourt of Appeals for the Second Circuit · 2020
  2. Randall Jackson v. Jay NixonCourt of Appeals for the Eighth Circuit · 2014
  3. Barkes Ex Rel. Barkes v. First Correctional Medical, Inc.Court of Appeals for the Third Circuit · 2014
  4. Teresa Wagner v. Carolyn JonesCourt of Appeals for the Eighth Circuit · 2011
  5. Steve Marquez v. C. RodriguezCourt of Appeals for the Ninth Circuit · 2023

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