Krout v. Goemmer, No. 08-2781

In a 42 U.S.C. section 1983 action alleging excessive force by officers during an arrest, denial of summary judgment to defendants on qualified immunity grounds is affirmed in part where: 1) the court of appeals lacked jurisdiction to review officers' contention that there was insufficient evidence of causation to hold them liable for the decedent's death; and 2) the evidence supported a finding that certain officers violated decedent's clearly established rights under the Fourth Amendment by failing to intervene in the assault.  However, the order is reversed where defendant correctional officers in the jail where decedent was housed were not deliberately indifferent to his medical needs.

Read Krout v. Goemmer, No. 08-2781

Appellate Information

Submitted: April 15, 2009

Filed: October 6, 2009

Judges

Opinion by Judge Colloton