KAYSER v. CASPARI

No. 93-2437.

16 F.3d 280 (1994)

Thomas E. KAYSER, Appellee, v. Paul D. CASPARI, Superintendent, Missouri Eastern Correctional Center, Appellant, Myrna Trickey, Zone Director, Missouri Department of Corrections, Eastern District; Robert Schoenen, Chief Medical Officer, Missouri Eastern Correctional Center, Defendants, Barbara Buescher, RN/Medical Health Supervisor, Missouri Eastern Correctional Center; Appellant, Judith Hudson, Medical Health Supervisor, Missouri Eastern Correctional Center; Dr. Jose A. Benitez, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided February 9, 1994.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Deborah B. Yates of St. Louis, Missouri. Mariette T. Brodeur of St. Louis, Missouri, appeared on the brief. Appellant was also represented by Paul M. Rauschenbach of St. Louis, Missouri.

Counsel who presented argument on behalf of the appellee was Steven L. Groves of St. Louis, Missouri.

Before MAGILL and BEAM, Circuit Judges, and VAN SICKLE, Senior District Judge.


BEAM, Circuit Judge.

Thomas E. Kayser brought a 42 U.S.C. § 1983 claim alleging that prison officials Paul Caspari and Barbara Buescher1 violated his constitutional rights by displaying deliberate indifference to his serious medical needs. Caspari and Buescher moved for summary judgement on the basis of qualified immunity. The district court denied this motion concluding that Kayser had alleged a violation of clearly established Eighth...

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