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JOHNSON v. HAY

No. 90-1517.

931 F.2d 456 (1991)

Earsel L. JOHNSON, Appellee, v. Bill HAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 15, 1991.

Attorney(s) appearing for the Case

Bruce Farmer, Jefferson City, Mo., for appellant.

Bernard F. Weinand, Kansas City, Mo., for appellee.

Before JOHN R. GIBSON, Circuit Judge, HENLEY, Senior Circuit Judge, and CONMY, District Judge.

JOHN R. GIBSON, Circuit Judge.

Bill Hay, a pharmacist formerly employed by the Missouri Department of Corrections, appeals from an order denying his motion for summary judgment. Earsel Larry Johnson brought suit against Hay claiming that Hay violated his eighth amendment rights by intentionally refusing to fill prescriptions for anti-seizure medicines. Hay claims that he is entitled to summary judgment based on qualified immunity and on the merits of Johnson's claim...

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