Federal Circuits, 8th Cir. (November 19, 1997)
Docket number: 97-2174
Permanent Link:
http://vlex.com/vid/18512811
Id. vLex: VLEX-18512811
Click here to download this article in graphic format (Acrobat Reader)

U.S. Court of Appeals for the 8th Cir. - Ernest Smith v. Larry Norris, 103 F.3d 637 (8th Cir. 1996)
U.S. Supreme Court - Graham v. Connor, 490 U.S. 386 (1989)
U.S. Court of Appeals for the 8th Cir. - Cherry Heidemann, a Minor Child, June Heidemann, Mother and Next Friend, Nebraska Advocacy Services, Inc., a Nebraska Corporation, Appellees, v. Thomas L. Rother, Individually and in His Official Capacity as the Superintendent of Schools for Tecumseh Public Schools; Colleen S. Naber, Individually and in Her Official Capacity as the Special Education Administrator for Tecumseh Public Schools; Donna Defreece, Individually and in Her Official Capacity as Special Education Teacher for Tecumseh Public Schools; Robyn Faris, Individually and in Her Official Capacity as Special Education Teacher for Tecumseh Public Schools; Linda Stone, Individually and in Her Official Capacity as Special Education Aide for Tecumseh Public Schools; Kathy Philippi, Individually and in Her Official Capacity as Special Education Aide for Tecumseh Public Schools; Karen Casey, Individually and in Her Official Capacity as Special Education Aide for Tecumseh Public Schools; Joe Grof, Individually and in Official Capacity as Member..., 84 F.3d 1021 (8th Cir. 1996) a Minor Child, June Heidemann, Mother and Next Friend, Nebraska Advocacy Services, Inc., a Nebraska Corporation, Appellees, v. Thomas L. Rother, Individually and in His Official Capacity as the Superintendent of Schools for Tecumseh Public Schools; Colleen S. Naber, Individually and in Her Official Capacity as the Special Education Administrator for Tecumseh Public Schools; Donna Defreece, Individually and in Her Official Capacity as Special Education Teacher for Tecumseh Public Schools; Robyn Faris, Individually and in Her Official Capacity as Special Education Teacher for Tecumseh Public Schools; Linda Stone, Individually and in Her Official Capacity as Special Education Aide for Tecumseh Public Schools; Kathy Philippi, Individually and in Her Official Capacity as Special Education Aide for Tecumseh Public Schools; Karen Casey, Individually and in Her Official Capacity as Special Education Aide for Tecumseh Public Schools; Joe Grof, Individually and in Official Capacity as Member...
U.S. Court of Appeals for the 8th Cir. - Alfonso R. Sisneros, Plaintiff-Appellee/Cross Appellant, v. Crispus Nix, Warden, Iowa State Penitentiary; Paul Hedgepeth, Deputy Warden; Paul W. Grossheim, Director, Iowa Department of Corrections, Defendants- Appellants/Cross Appellees., 95 F.3d 749 (8th Cir. 1996) Plaintiff-Appellee/Cross Appellant, v. Crispus Nix, Warden, Iowa State Penitentiary; Paul Hedgepeth, Deputy Warden; Paul W. Grossheim, Director, Iowa Department of Corrections, Defendants- Appellants/Cross Appellees.
Appeal from the United States District Court for the Eastern District of Arkansas.
Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.PER CURIAM.In this interlocutory appeal, Blytheville, Arkansas Police Officer Barry Miller appeals the district court's1 denial of summary judgment based on qualified immunity in Pat Pannell's 42 U.S.C. 1983 action. We affirm.For purposes of summary judgment, Miller concedes the following facts are true. On February 16, 1996, Miller responded to a call regarding Pannell's dogs. In arresting Pannell for disorderly conduct and harassment, Miller shoved Pannell inside the police car with her hands cuffed behind her back, and took her to the police station. When the two arrived at the station and Miller removed the handcuffs, Pannell struck Miller on his chest with her right hand. Miller then hit Pannell in the face, causing redness and swelling, for which Pannell was treated by a doctor.In an appeal from the denial of a motion for summary judgment based on qualified immunity, this court has jurisdiction to review, de novo, the abstract issues of law relating to the existence of qualified immunity. See Sisneros v. Nix, 95 F.3d 749, 753 (8th Cir.1996) (standard of review); Eagle v. Morgan, 88 F.3d 620, 624 (8th Cir.1996). Examining the conduct that the district court deemed adequately supported for purposes of summary judgment, see Allison v. Department of Corrections, 94 F.3d 494, 496 (8th Cir.1996), this court must determine whether a reasonable official in defendant's position would have known that his conduct violated that right, see Heidemann v. Rother, 84 F.3d 1021, 1027-28 (8th Cir.1996); Sellers v. Baer, 28 F.3d 895, 899 (8th Cir.1994), cert. denied,