GREGOIRE v. CLASS

No. 00-1255.

236 F.3d 413 (2000)

Lois M. GREGOIRE, Special Administrator of the Estate of George Raymond Bouska; Wendy Bouska, Guardian Ad Litem for Jusenda Bouska, Serren Bouska and Shea Bouska, Plaintiffs/Appellees, v. Joseph CLASS, in his official capacity as Warden of the South Dakota State Penitentiary; Defendant, Douglas Weber, in his official capacity as Warden of the South Dakota State Penitentiary and in his individual capacity as former Associate Warden of the South Dakota State Penitentiary; Dean Hinders, in his individual capacity as former Associate Warden of the South Dakota State Penitentiary; Steven Lee, in his official capacity and in his individual capacity as Deputy Warden of the South Dakota State Penitentiary; Butch Joffer, in his individual capacity as a former employee of the State of South Dakota, Defendants/Appellants, Owen Spurrell, in his official capacity as Associate Warden of the South Dakota State Penitentiary; Jane and John Doe, in their individual and official capacities as employees of the State of South Dakota, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 29, 2000.


Attorney(s) appearing for the Case

James E. Moore, argued, Sioux Falls, South Dakota (William G. Beck, on the brief), for Defendants/Appellants.

John P. Peterson, argued, Sioux Falls, South Dakota, for Plaintiffs/Appellees.

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


BEAM, Circuit Judge.

Appellant Butch Joffer appeals from the judgment denying his qualified immunity claim in this 42 U.S.C. § 1983 action. The remaining appellants appeal from the exercise of supplemental jurisdiction over the state-law claims against them.1 We reverse and remand.

In reviewing this denial of summary judgment based on a qualified immunity claim, we view the facts in the light most favorable to the estate of...

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