Margaret Foster v. Cerro Gordo County

U.S. Court of Appeals for the Eighth Circuit October 23, 2017

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 16-2621 ___________________________

Margaret Rae Foster

lllllllllllllllllllll Plaintiff - Appellant

Cerro Gordo County, an Iowa Municipal Corporation; City of Mason City, an Iowa Municipal Corporation; Roungaroun Phaiboun; Kevin Pals; Shad Stoeffler; Terry Allen Burns; Additional Unidentified Mason City Police Department Officers or Employees; Additional Unidentified Cerro Gordo County Jail Staff; Josh Stratmann; Brandon Neidermayer; Justin Faught; Chad Harkema; Rusty Pals; Brenda Crom; Marc Kappmeyer

lllllllllllllllllllll Defendants - Appellees ___________________________

No. 16-3195 ___________________________

Margaret Rae Foster

lllllllllllllllllllll Plaintiff - Appellant

lllllllllllllllllllll Defendants - Appellees ____________

Appeals from United States District Court for the Northern District of Iowa - Ft. Dodge ____________

Submitted: October 16, 2017 Filed: October 23, 2017 [Unpublished] ____________

Before COLLOTON, BOWMAN, and KELLY, Circuit Judges. ____________

PER CURIAM.

Margaret Foster appeals from the orders of the District Court granting summary judgment to defendants in her 42 U.S.C. § 1983 action claiming excessive force and deliberate indifference. We affirm the District Court. See 8th Cir. R. 47B. We deny as moot the pending motion.

KELLY, Circuit Judge, concurring in part, dissenting in part.

Because I believe there remain material facts in dispute regarding the claim of deliberate indifference against the jail nurse, I would reverse the grant of summary judgment on this claim. I otherwise concur.

______________________________

-2-

Reference

Status: Unpublished