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ERICKSON v. HOLLOWAY

Nos. 94-3901, 94-4008.

77 F.3d 1078 (1996)

Carroll W. ERICKSON, Plaintiff-Appellee, v. Don HOLLOWAY, Pennington County Sheriff; Pennington County, South Dakota, an organized county in the state of South Dakota; Defendants, Jeff Birdsall, guard employed by the Pennington County Jail; Robert Johnle, guard employed by the Pennington County Jail; Dan Carver, Pennington County Deputy Sheriff; Defendants-Appellants, Mary Evelyn Rogers, Pennington County Deputy Sheriff, Defendant. Carroll W. ERICKSON, Plaintiff-Appellant, v. Don HOLLOWAY, Pennington County Sheriff; Pennington County, South Dakota, an organized county in the state of South Dakota; Defendants-Appellees, Jeff Birdsall, guard employed by the Pennington County Jail; Robert Johnle, guard employed by the Pennington County Jail; Dan Carver, Pennington County Deputy Sheriff; Defendants, Mary Evelyn Rogers, Pennington County Deputy Sheriff, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1996.

Attorney(s) appearing for the Case

Donald Paul Knudsen, Rapid City, South Dakota, argued (James S. Nelson, on the brief), for appellants.

Mark S. Falk, Rapid City, South Dakota, argued, for appellee.

Before FAGG, HEANEY, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

After Carroll W. Erickson was beaten by a fellow inmate in the protective custody cell block at the Pennington County Jail, Erickson brought this action under 42 U.S.C. § 1983 alleging several officials failed to protect him from the assault and interfered with a doctor's recommendations for treating his injuries. Deputy Sheriff Dan Carver and jail guards Robert Johnle and Jeff Birdsall appeal the district court's denial of their motion for...

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