MOORE EX REL. MOORE v. BRIGGS

No. 03-3643.

381 F.3d 771 (2004)

Sean MOORE, a disabled person, by his guardian Darlene MOORE, Plaintiff-Appellee, v. Terry BRIGGS, et al., Defendants-Appellants,

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2004.


Attorney(s) appearing for the Case

James R. McAdams, argued, AAG, Jefferson City, MO (Gail Vasterling, Gary Gardner, Bart Matanic, and Joel Anderson, AAGs of Jefferson City, Denise Thomas, Denise McElvein and Deborah Yates of St. Louis appeared on the brief), for appellant.

Genevieve J. Nichols, St. Louis, MO (Mary Coffey, St. Louis, MO, on the brief).

Before LOKEN, Chief Judge, BYE, Circuit Judge, and MAGNUSON, District Judge.


LOKEN, Chief Judge.

Sixteen employees of the St. Charles Habilitation Center ("the Center") appeal a district court order denying them qualified immunity from Sean Moore's § 1983 claim that they violated his constitutional right to substantive due process by failing to protect him from assault by another resident. Qualified immunity shields government officials from liability for civil damages for discretionary acts that do not "violate clearly established statutory...

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