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HAAVISTO v. PERPICH

Nos. C0-92-1719, C7-92-1720.

520 N.W.2d 727 (1994)

Antti John HAAVISTO, Appellant, v. Rudy PERPICH, individually and as Governor of the State of Minnesota; et al., Defendants, Orville B. Pung, individually and as Corrections Commissioner of the State of Minnesota; et al., Respondents, Dr. James Allan, individually and as Medical Director of the Minnesota State Prison at Stillwater, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 13, 1994.

Attorney(s) appearing for the Case

John C. McNulty, Marcy S. Wallace, Charlotte M. Reed, McNulty & Wallace, St. Paul, for Haavisto.

Timothy R. Murphy, Geraghty, O'Loughlin & Kenney, P.A., St. Paul, for Allan, et al.

Hubert H. Humphrey, III, Atty. Gen., Richard S. Slowes, Asst. Atty. Gen., St. Paul, for respondents.

Heard, considered, and decided by the court en banc.

OPINION

WAHL, Justice.

Antti John Haavisto, in appeal C0-92-1719, asks us to decide whether the defense of qualified immunity applies, as a matter of law, to bar his 42 U.S.C. § 1983 claim of constitutionally inadequate medical care while he was an inmate at Minnesota Correctional Facility at Stillwater (Stillwater) against Commissioner of Corrections Orville Pung and Stillwater Warden Robert Erickson. Specifically, Haavisto claims that a delayed diagnosis...

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