Wednesday, February 27, 2013

Eighth Circuit -- Victor Santiago v. Daniel Blair

U.S. Court of Appeals Case No: 11-3693 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Wollman, Author, with Beam and Loken, Circuit Judges]
Civil Case - qualified immunity. On appeal from denial of qualified immunity, claim of excessive force is remanded to district court for determination whether circumstances support a reliable inference of an unnecessary and wanton infliction of pain; denial of qualified immunity on deliberate indifference claim is reversed; denial of qualified immunity on First Amendment retaliation claim relating to death threats for filing excessive force grievance and relating to placement in cell without personal property, proper bedding, a working sink or working toilet are affirmed; and retaliatory discipline claim fails as a matter of law because some evidence supported disciplinary violation.

Victor Santiago v. Daniel Blair
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.