Legal Opinion · Concurring in part, dissenting in part
Nelson v. Correctional Medical Services
Court of Appeals for the Eighth Circuit
Decided October 2, 2009No. 07-2481Published
1Concurring in part, dissenting in partRiley, Circuit Judge, joined by Loken, Chief Judge, and Colloton, Gruender, and Shepherd, Circuit Judges,
I agree with the majority’s conclusion in Part II.B that Director Norris is entitled to summary judgment based upon qualified immunity, but I respectfully dissent from Part II.A and Part III of the opinion, denying summary judgment to Officer Turensky.
The majoi'ity exposes Officer Turensky, a female prison guard, to personal tort liability under the guise of an alleged Eighth Amendment violation. Officer Tu~ rensky’s duty was to deliver Nelson safely to a hospital and into the care of trained, professional medical personnel. She did that. Officer Turensky (1) complied, at all times, with the…
2Cases cited17 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Pearson v. CallahanSupreme Court of the United States · 2009
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Hope v. PelzerSupreme Court of the United States · 2002
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